In an unprecedented legal action, six human rights groups have brought forward the first class action against the French state to the Conseil d’État, France’s higher administrative court. The case, heard on Friday, September 28, alleges systematic racial profiling against black and Arab men in the course of police patrols.
The petition driving the case was first created in 2021 by a coalition of victims and organizations. Rather than seeking damages, the petitioners are asking for governmental reform that limits police officers’ powers to conduct “stop and search” actions. They also call for all encounters with police to be recorded and retained as evidence.
The case comes in the wake of public outcry following the death of Nahel Merzouk, a North African teenager, which resulted from a stop and search in June 2023. This incident amplified existing accusations of racial profiling by the French police and spurred widespread protests throughout the country.
In the aftermath of Merzouk’s death, the UN Committee on the Elimination of Racial Discrimination (CERD) voiced concerns about the French police’s use of excessive force and racial profiling, citing Article 14 of the ECHR and Article 1 of Protocol No 12 of the November 2000 Convention. The Committee has also urged France to address the root causes of racial discrimination and ensure those responsible for Merzouk’s death are held accountable.
While the French government maintains a public stance of zero tolerance towards racial and ethnic discrimination by law enforcement, court adviser and public rapporteur Esther de Moustier recently declared that judges lack the authority to enact changes to government legislation. Additionally, she argued the state could not be held liable if their policing policies failed to adequately prevent racial profiling.
Judgement has yet to be delivered by the Conseil d’État and further case details remain to be released. The outcome of the case holds the potential to shape the future of police practices and racial equality in France, making it a significant focal point for both local and international monitoring.
For further information, visit the original article here.