A black Swiss man is checked by the police at the train station in Zurich – he suspects it’s because of his skin color and complains. The European Court of Human Rights now agreed with him and condemned Switzerland.
The European Court of Human Rights has ruled in favor of a man from Switzerland who complained about racial profiling during a police stop. The judges found three violations of the European Convention on Human Rights, including discrimination. Switzerland has to pay the man, who has black skin, almost 24,000 euros just for costs and expenses. The plaintiff did not apply for compensation.
According to the judiciary, Mohamed Wa Baile was asked by the police to check his identity on his way to work in Zurich train station in 2015. When he refused to show his papers, the officers searched him. Criminal proceedings were initiated against the man because he had resisted police orders. He was then sentenced to a fine of 100 Swiss francs.
The Swiss sued through all courts because he considered the identity check to be illegal. He saw this as discrimination because of his black skin color. The judges at the European Court of Human Rights confirmed this. They see the identity check and the subsequent proceedings before Swiss courts as violations of the ban on discrimination, the right to respect for private and family life and the right to an effective complaint.
Racial profiling refers to the method of using a person’s physical appearance, such as skin color or facial features, as a basis for decision-making for police measures such as identity checks, investigations and surveillance.