The tragic event of the police killing of a French 17-year-old of North African origin has rekindled the debate concerning police violence and discrimination in the nation, underscoring the requirement for reform. This reform seeks to change the legal basis for police controls, prohibit discriminatory identity checks, protect minors, ensure proportional use of force, provide access to justice and reparations, and increase transparency and accountability in police operations.
Several organisations in France are advocating for changes to police practices to reduce discrimination and promote greater equality. 84 associations, collectives, and trade unions have signed an open letter calling for an end to discriminatory police controls, demanding measures to end racial profiling and systemic discrimination. The Court of Cassation has determined the state liable for racial discrimination, and a class action is being taken to bring about real change.
Studies have shown that young men perceived as black, or Arab are 5-8 times more likely to face police identity checks, pat-downs, and searches than those perceived as white. With some even as young as 12. Racial profiling has a devastating effect, and to end it, systemic measures must be implemented that incorporate the expertise of those affected and their associations.
Article 78-2 et seq. of the Code of Criminal Procedure in France does not protect against discrimination in identity checks. It allows ‘preventive’ checks that can be arbitrarily and discriminatorily applied, particularly to minors. There is also a lack of transparency and accountability as there is no system for monitoring and evaluating police stops, which denies victims a record of the stop. These issues must be addressed to abolish these controls to protect against discrimination.
ADOPT A CIRCULAR is a framework that calls for anonymising and publishing identity check data, creating a complaints mechanism, ratifying Protocol 12 of the European Convention on Human Rights, transforming police practices and culture, providing training, and appointing an independent authority to monitor and evaluate the measures taken. This framework is intended to promote transparency and understanding in law enforcement, prevent discriminatory stops, and empower citizens to challenge unlawful stops.
Six associations in France initiated a class action lawsuit on July 22, 2021, against the Conseil d’État to address the systemic issue of racial profiling. They are calling for specific measures to be taken, including reforming identity checks, providing proof of police stops, creating an independent complaints mechanism, and modifying institutional objectives and guidelines for police training.
Evidence has shown that identity checks to prevent and investigate violations are ineffective. However, when stops are based on more relevant criteria, such as behaviour and up-to-date information, police activity becomes more effective. Pilot experiments in Spain, Hungary, and Bulgaria have shown that checks are more effective when based on objective criteria rather than discriminatory practices.
In France, numerous organisations strive to uphold the rights of minority groups and fight against police violence, helping to create a more equitable society. The French government must urgently tackle the issues of police stops, such as inadequate regulations on the use of weapons and racial profiling, by reforming identity checks, providing proof of police stops, creating an independent complaint mechanism, and modifying institutional objectives and guidelines for police training, with the input of those affected and their associations.
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