Facial checks: a practice still present in France
Facial checks, a controversial police practice, have recently been at the center of media attention in France. The Council of State, the highest administrative court in the country, recognized the existence of these discriminatory controls, but ruled that it was not competent to force the State to remedy them. This decision sparked strong reactions among NGOs and associations campaigning against this practice.
In their request before the Council of State, six NGOs and associations, including Amnesty International and Human Rights Watch, affirmed that racial checks were deeply rooted in police action and constituted systemic discrimination. They therefore asked the Council of State to take measures to eradicate these discriminatory practices.
The Council of State recognized that facial checks exist, but rejected the NGOs’ request on the grounds that it is not up to the administrative jurisdiction to dictate public policy. However, he gave the Ministry of the Interior a period of twelve months to make the registration numbers of the police forces readable on their uniforms, in order to improve the traceability of controls.
This decision by the Council of State raises questions about the responsibility of the State in the fight against facial checks. Although the practice is widely documented and condemned, it seems that concrete measures to put an end to it are struggling to be put in place.
Facial checks remain a major problem in France. In 2017, the Defender of Rights had already highlighted that people perceived as black or Arab were twenty times more likely to be controlled than the rest of the population. This discriminatory practice has been condemned on several occasions by the French courts, but the measures aimed at stopping it still seem insufficient.
The facial checks affair highlights the need for in-depth reflection on police practices and the fight against discrimination. NGOs and associations will continue to mobilize to make their voices heard and obtain concrete measures to put an end to this discrimination. The matter is therefore far from closed, and it is essential to guarantee the equality of citizens in the face of law enforcement.