by Tony Iozzo
Impunity Watch Reporter, Europe

PARIS, France – A French judged ruled on Wednesday that identity checks by police officers on thirteen people regarded as minorities were not based on racism and were legal.

Lawyers for the Plaintiffs, who contend that the law enforcement officers have engaged in racial profiling, vowed to appeal the ruling all the way up to the European Court of Human Rights. Wednesday’s verdict resulted from a one-day trial back in July, which was dubbed the first of its kind in France.

Equality groups say that French minorities, specifically those of African or Middle Eastern descent, are subject to routine discrimination that diminishes their chances of finding employment and gaining a foothold in mainstream society. They contend that this discrimination has led the officers to perform humiliating identity checks on minorities for no reason.

The French ruling comes amid a public furor over stop and frisk policies of the New York Police Department. The NYC case is being closely examined in France, particularly by the Plaintiff’s lawyers. A judge has recently ruled against NYPD practices said to discriminate against blacks and Hispanics.

The plaintiffs sought 10,000 euros ($13,000) each in the case. Their lawyers also sought alterations to the law that would require police to provide written reports of ID checks and specify “objective grounds” for conducting the checks. Currently, the law allows police to issue checks on people they deem “suspicious.” Opponents of the current law believe it affords too much discretion to the police.

Slim Ben Achour, lawyer for the Plaintiffs, stated, “The most obvious consequence [of Wednesday’s decision] is that police in this country… have the right to discriminate. There is a blank check for police to continue these practices.”

The defendants’ lawyers have stated that a person who considers an identity check abusive must prove the action was a gravely serious offence. This is nearly impossible as there is no trace an identity check took place.

The plaintiffs’ lawyers said they are closely watching the similar NYC case and hoping they might weigh on French policy, as their appeal develops.

“Through this decision, French justice says that the law of equality … basically does not apply to French police and we are pretty shocked by that. I would not say that this decision legalizes ethnic profiling, but clearly the judges closed their eyes to ethnic profiling,” Felix de Belloy, lawyers for the plaintiffs stated.

A study conducted in Paris by France’s National Center for Scientific Research and the Open Society Justice Initiative  has recently shown that blacks are six times more likely of being checked and questioned by police than whites, and those of Arab origin are eight times more likely.

For more information, please see:

France 24 – France Struggles to Address Racial Profiling by Police – 4 October 2013

Al Jazeera – French Court Rules Police ID-Checks Legal – 2 October 2013

Fox News – French Court Rules That Identity Checks on Minorities Were Lawful, Rejects Racism Claim – 2 October 2013

The Montreal Gazette – French Court Rules That Identity Checks on Minorities Were Lawful, Rejects Racism Claim – 2 October 2013