France's highest administrative court has rejected a class action lawsuit accusing the state of failing to stop police racial profiling. The Conseil d'Etat (Council of State) recognised that discrimination was a problem, but said it was not up to judges to redefine public policy.
The case was brought by six human rights organisations who argued that French police systematically discriminate during routine ID checks, with young Arab and black men especially targeted.
"The investigation has shown that this type of check does exist and is not confined to isolated cases," the Council of State said in a statement.
"While it cannot be considered 'systemic' or 'widespread', this practice nevertheless constitutes discrimination against people who have had to undergo a check on the basis of physical characteristics associated with a real or supposed origin."
The court said it rejected the lawsuit because it was "not the role of an administrative judge to take the place of the public authorities in determining public policy".
Benedicte Jeannerod, from Human Rights Watch, one of the organisations that brought the complaint, described the decision as a "missed opportunity", but said the recognition of police racial profiling was symbolically important.
The government and police have been under increased scrutiny since the police shooting of Nahel, a teenager of North African descent, earlier this year.
First ruling in France
The case marks the first ruling on a class action lawsuit against the state, a procedure possible since 2016, and could influence future judicial advocacy actions in France.
"The judges need time to understand the use of the class action," said Antoine Lyon-Caen, a lawyer for the six organisations, citing a similar class action in New York that was successful.
⚖️ Contrôles d’identité discriminatoires : la détermination d’une politique publique ne relève pas du juge administratif
— Conseil d'État (@Conseil_Etat) October 11, 2023
➡️ Lire la décision : https://t.co/e89bGXn3R8 pic.twitter.com/g26cmmAW9G
On Tuesday the parliamentary assembly of the Council of Europe adopted a resolution expressing concern about types of police misconduct that "disproportionately affect" people with an immigrant background in France.
It called on authorities to put in place a system of recording identity checks. The documentation of identity checks was one of the demands as part of the class action lawsuit.
The Council of State on Wednesday also ruled that police officers must clearly display their identification number badge. Known as a RIO, the badge should be made bigger so it is readable, the court said.
(with Reuters)
