Since 2012 an increasing number of racial profiling cases have become public.
Racial profiling is a form of institutional racism, meaning that people are exposed to identity checks on grounds of an ethnic categorisation or their skin colour without any reasonable suspicion for a crime.
Subsequent to a precedent-setting judgment by the Higher Administrative Court Rhineland Palatinate concerning a racial profiling case legally supported by BUG, the Left Party made a minor interpellation (printed matter 18/9275). In accordance with the aforementioned judgment, the minor interpellation stated that identity checks conducted by the Federal Police that are based on skin colour infringe the prohibition of discrimination under Article 3 par. 3 sentence 1 of the constitution. Here you can read the federal gouvernment's response (printed matter 18/9374).
International voices concerning racial profiling
The Special Rapporteur of the UN on contemporary forms of racial discrimination submitted his report on racial profiling to the Human Rights Council in June 2015. BUG could contribute to this report by submitting a presentation on the German situation of racial profiling.
The European Union Agency for Fundamental Rights (FRA) has published a manual for fundamental rights-based police training.
ECJ judgement concerning identity checks without suspicion
On the 21st of June 2017 the Court of Justice of the European Union (ECJ) delivered its judgment (Case C-9/16) on a preliminary ruling concerning identity checks without suspicion conducted by the Federal Police. The Court argues that, while identity checks near the border are generally possible, they require more precise legal regulations and restrictions in order not to have the same effect as regular border controls.
Here you can find our press release.
Here you can find further information on our closed cases at the Higher Administrative Court of Rhineland-Palatinate in 2012 and 2016, the Bavarian Administrative Court in Munich as well as the Higher Administrative Court of Baden-Wurttemberg and the Higher Administrative Court of North Rhine-Wesphalia.
BUG has published a brochure on racial profiling. It should support people targeted by racial profiling to correctly assess identity checks based on the suspicion of illegal entry into Germany that might constitute racial profiling and to respond accordingly.
The brochure is available for download.
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