ECtHR condemns Switzerland for racial profiling
Published: Tuesday, Feb 20th 2024, 12:01
Updated At: Tuesday, Feb 20th 2024, 12:01
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The European Court of Human Rights (ECtHR) in Strasbourg has condemned Switzerland for discrimination. The ECtHR upheld the complaint of a dark-skinned man who had been fined in 2015 for refusing to submit to an identity check.
According to the ECtHR ruling published on Tuesday, there were three violations of the European Convention on Human Rights in the case. According to the ruling, the identity check and the subsequent proceedings before Swiss courts violated the prohibition of discrimination, the right to respect for private and family life and the right to an effective remedy.
In 2015, the complainant Mohamed Wa Baile was stopped by police officers at Zurich main station early in the morning on his way to work. The Swiss national with Kenyan roots refused to show his ID or give his personal details. He accused the police officers of checking him solely on the basis of his skin color.
He received a fine for failing to comply with a police order. Various Swiss courts, most recently the Federal Supreme Court, upheld the police's actions. One of the police officers involved claimed that Wa Baile had avoided his gaze and tried to avoid the police patrol. This seemed suspicious to him.
According to the ECtHR ruling, the Swiss courts did not examine whether discriminatory reasons may have played a role in the identity check. The ECtHR orders Switzerland to pay Wa Baile almost 24,000 euros if the judgment becomes final.
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