The European Court of Human Rights has ruled against France in a significant case concerning racial profiling, condemning the state for failing to uphold the rights of a French citizen, Karim Touil, who had accused the police of discriminatory treatment.
The court found that Touil, who was subjected to three separate police stops within ten days in Besançon in 2011, was likely targeted on racial grounds—a suspicion the French authorities could not dispel.
While the Strasbourg-based court did not establish discrimination in the cases of five other claimants, it ruled that in Touil’s situation, the French government failed to offer a valid or reasonable justification for the repeated identity checks. As a result, the court awarded Touil €3,000 in damages.
The ruling emphasised the difficulty police officers may face when making swift decisions without clear internal guidance, especially concerning public safety. However, the court concluded that in Touil’s case, the circumstances pointed to “presumed discriminatory treatment,” which the government was unable to rebut.
The verdict adds weight to long-standing concerns about racial profiling by French law enforcement. Human Rights Watch and Amnesty International have previously described such practices as widespread and systemic, with particular impact on young Black and Arab men.
According to a 2017 report from France’s rights ombudsman, individuals perceived as Black or Arab were up to 20 times more likely to be subjected to identity checks than others.
The rights groups have also taken their case to the United Nations, filing a complaint with the Committee on the Elimination of Racial Discrimination.
Thursday’s ruling by the European Court of Human Rights may now serve as a legal precedent and bolster efforts to combat discriminatory policing practices in France.
