HRW report: French police stop Black and Arab youth without cause News
Roman Bonnefoy, CC BY-SA 3.0, via Wikimedia Commons
HRW report: French police stop Black and Arab youth without cause

According to a report released by Human Rights Watch (HRW) on Thursday, French police stop and search Black and Arab youths even without any indication of wrongdoing. These ‘identity checks’, which can involve invasive bag searches and body pat-downs, are done on children as young as ten.

In France, the police have the authority to detain anyone for up to four hours in order to establish their identity. They can stop also anyone who they have grounds to believe has committed, attempted to commit, or is preparing to commit a crime, or may have information useful to a police investigation.

The police also have the power to designate public spaces as “perimeters of protection” for up to a month. This allows the police to search people, bags, and vehicles without showing any demonstrably serious or imminent threat.

Younger people, as young as ten, are often targets of identity checks. They are subjected to the same invasive pat-downs and bag searches as adults. The stop is not recorded unless it leads to another procedure. The police also do not have to explain the reason for the stop, so it is often unclear why it is happening.

The report states that abusive and discriminatory identity checks have long been an issue in France, with statistical evidence suggesting that police engage in ethnic profiling when determining who to stop. Police stop accounts, video footage, and official data showed a bias towards stops that targeted minorities in poorer neighborhoods, especially during the COVID-19 pandemic lockdown measures.

HRW stressed that discrimination is prohibited by Article 1 of the French Constitution, international human rights treaties, and the European Convention on Human Rights.

HRW noted that France does not collect data to assess whether identity checks are effective in identifying and preventing criminal behavior. It does appear that identity checks “drive a deep and sharp wedge between police and communities.” Although there have been proposed actions in recent years to resolve this issue, “the law and practice of identity checks in France remain problematic.”

Because of this, HRW urged France to reform the police powers to stop, search, and frisk. HRW proposed that France require that police have reasonable, individualized suspicion for all searches.  Discrimination in identity check conduct should be explicitly prohibited. The report suggests that France collect data on stops and that they adopt specific rules and guidance for stops and searches. HRW also stated that France should ensure appropriate and continuing training for all police officers and ensure accountability for violations of the Code of Ethics.

 

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