The European Court of Human Rights (ECHR) has found Switzerland in violation of three human rights due to a racial profiling case. Swiss national, Mohamed Shee Wa Baile, was the target of this discrimination, when he was subjected to an identity check at Zurich station on his way to work. Wa Baile declined to present his identification documents, alleging the incident as a case of racial profiling.
The police officer involved in this incident stated that he had halted Wa Baile as he displayed suspicious behavior, upon noticing that the he was trying to avoid the attention of the police. In the officer’s belief, this suggested a possible infringement of the Swiss Federal Act on Foreigners Nationals and Integration. Wa Baile, however, maintained that no other person present at that time was subjected to such an identity check, and his queries regarding the reason for the check remained unanswered.
As a result, Wa Baile was given a 100 Swiss Francs fine for failure to cooperate with police instructions, in addition to 150 CHF in procedural costs. Despite arguments made in Swiss courts that even if the court decided the police check was illegal, compliance was obligatory under Swiss legislation, the ECHR ruled otherwise. The ECHR emphasized the Swiss courts’ failure in conducting a thorough investigation into this apparent discrimination based on race.
The ECHR decided that Switzerland was in breach of Article 14 ( which prohibits discrimination) in union with Article 8 (right to respect for private life) of the European Convention on Human Rights. Moreover, a transgression of Article 13 (effective remedy right) was also recognized, given the ineffective handling of Wa Baile’s allegations.
It is worth noting that the UN Committee on the Elimination of Racial Discrimination (CERD) had previously expressed concerns about the continuous occurrence of racial profiling in Switzerland and the lack of prohibitive laws against it. The CERD’s concerns were considered by the ECHR during their deliberation.
Amnesty International Switzerland’s Legal Advisor, Alicia Giraudel, made a statement regarding the issue, noting that European authorities have persistently failed to acknowledge or address the deep-rooted and systemic problem of racial profiling. Amnesty International also submitted a third-party intervention in this case and pressed for Switzerland to modify its laws, guidelines, and practices to deter racial profiling.