The check carried out by federal police officers on a 26-year-old student from Kassel in December 2010 solely because of his skin color violates the prohibition of discrimination in Article 3 Paragraph 3 of the Basic Law. This is how a highly publicized trial ended today after an oral hearing before the Rhineland-Palatinate Higher Administrative Court (OVG) in Koblenz. The first instance judgment of the Koblenz Administrative Court (VG) of February 28, 2012, which had deemed the control of the young man to be permissible because of his skin color, was declared completely ineffective. This was preceded by a clear judicial notice from the presiding judge, Dagmar Wüsch, according to which a check based solely or decisively on the basis of skin color violated the ban on discrimination. The Federal Police for the Federal Republic of Germany then recognized the illegality of the interview and personal identification and apologized to the plaintiff.
“ This result is a milestone for the legal classification of so-called racial profiling as illegal. “This procedure has a far-reaching signal effect for the practice of the Federal Police ,” said the Göttingen lawyer Sven Adam, who represents the plaintiff, about the success of the procedure. The plaintiff himself expressed his satisfaction with the outcome of the proceedings: “ I am glad that the decision of the VG Koblenz was declared ineffective. We had to argue for a long time that the federal police should also be measured against the ban on discrimination .”
The plaintiff’s Göttingen lawyer, Sven Adam, is available to answer any questions you may have. Further statements, documents and information on the topic can be found on our special page: www.anwaltskanzlei-adam.de/index.php?vg-koblenz
