Six NGOs and NGOs, including Amnesty International, recently announced the launch of a collective action for the first time in France to force the state to take measures to combat discriminatory identity checks by the police.

After 4 months prior notice, the six organizations made clear that they would take legal action if the government did not provide "satisfactory answers" by that time, in accordance with the procedure set out in the 21st Century Justice Modernization Act of 2016.

This official notice is aimed specifically at Prime Minister Jean Castex, Interior Minister Gerald Darmanan and Minister of Justice Eric Dupond-Moretti, as they are responsible for designing and conducting police work in France.

What does "face verification" mean?

Verifying the identity of the face is an examination carried out by police officers of people based on material characteristics related to the person’s origin, whether real or perceived. These are illegal controls because they are discriminatory, and they are part of what is known in international law as "racial or ethnic profiling."

The European Commission against Racism and Intolerance of the Council of Europe defines racial profiling as follows: “The use of the police, without objective and reasonable justification, for reasons such as race, color, language, religion, nationality or national or ethnic origin in activities of control, surveillance or investigation”.

What does international law say?

The European Court of Human Rights says that "racial discrimination is a heinous form of discrimination, and given its grave consequences, it requires special vigilance and a strong response from the authorities."

According to Article 26 of the International Covenant on Civil and Political Rights, all persons are equal before the law and have the right to enjoy equal protection without any discrimination.

For its part, the United Nations Committee calls on states to eliminate racial discrimination, and to take the necessary measures to exclude arrests and searches that are exclusively based on a person's physical appearance, color, facial features, affiliation, or any "classification" that exposes them to further suspicion.

The situation in France

The practice of identity verification is widespread in France, especially in public places such as train stations, streets, etc., and includes even minors under the age of 16, and it is so deeply rooted in police work that it promotes systematic discrimination.

These practices are condemned by European and international human rights and French institutions, but the prohibition of identity verification on discriminatory grounds is still not explicit enough in French law, which has undergone a number of legislative changes since 1981.

According to a report of the French National Assembly, identity checks can be carried out by decision of the judicial police officers or at the request of the public prosecutor.

Article 78-2 of the Code of Criminal Procedure provides that the National Police may be required to verify the identity of persons in order to search for the perpetrators of a crime or to prevent an imminent crime, to obtain information.

These examinations must be based on reasonable cause of suspicion.

"These practices have become routine and do not depend on any specific investigation or investigation," said Cecile Curio, head of Amnesty International in France - in an exclusive interview with Al Jazeera Net.

On the first of December 2020, President Emmanuel Macron - in an interview with the media - denounced the existence of identity checks (face), saying, “Today, when our skin color is not white, we are more exposed to surveillance .. we are classified as a problem factor and it is something Unbearable".

In an exclusive interview with Al-Jazeera Net, Omar Mas Capitolan, one of the victims of identity verification in Paris, says, "The possibility to file a complaint should be provided to the victims of this operation. In these cases, they will stop you in the street and you may go to the police station and leave without obtaining any document proving what I suffered an insult. "

What is the work of NGOs?

A 150-page official notification was prepared and sent, Wednesday, by Antoine Lyon Caen, attorney at the Council of State and Court of Cassation, on behalf of 6 NGOs which are Amnesty International France, Human Rights Watch and the Community Justice Initiative. Open, Community House for Solidarity Development (MCDS), Bazaba to promote equality and fight discrimination, and the Multidisciplinary Justice Organization (REAJI), to launch the first collective action in France against discriminatory identity checks or the so-called "face" checks.

These organizations have sent an official notice to the Prime Minister and the Ministers of Interior and Justice that includes testimonies from several people who have undergone facial examinations in various cities in France, as well as police statements.

These organizations assert that despite the numerous condemnations, successive governments have confined themselves to cosmetic and theoretical changes, and abandoned the necessary structural reforms and concrete measures to put an end to these practices that undermine the dignity of persons under control.