Following a sensational ruling by the Koblenz Administrative Court, which allowed the Federal Police to conduct suspicionless checks of train passengers solely on the basis of their skin color, the decision of the Koblenz Administrative Court has now been declared invalid after an oral hearing before the Higher Administrative Court of Rhineland-Palatinate on October 29, 2012. After extensive examination of the evidence, the Federal Police, representing the defendant Federal Republic of Germany, acknowledged the illegality of the questioning and checks based solely or primarily on the plaintiff's skin color, deeming them unlawful and a violation of the prohibition of discrimination under Article 3, Paragraph 3 of the Basic Law. The Federal Republic subsequently issued a formal apology to the plaintiff.
The Federal Police's acknowledgment followed a judicial statement by presiding judge Dagmar Wünsch, who indicated that, in the chamber's opinion, there was no doubt that the plaintiff had been stopped solely or primarily because of his dark skin color. This, she stated, was absolutely incompatible with the prohibition of discrimination.
The initial ruling by the Koblenz Administrative Court on February 28, 2012, caused a nationwide stir, as it legitimized so-called "ethnic profiling," contrary to a 2009 decision by the United Nations Human Rights Committee (Case No.: CCPR/C/96/D/1493/2006). The German government had also declared as recently as July 2011 that lawful, suspicionless checks must not involve differential treatment of individuals based on origin, skin color, or religion. The administrative court's ruling provoked outrage and sharp criticism from human rights organizations. These included the German Institute for Human Rights, which spoke of a violationof the fundamental human rights prohibition of discrimination, while the Federal Anti-Discrimination Agency (ADS) feared "serious consequences for social cohesion in Germany and our efforts to prevent discrimination."
Here you will find the current press release from our law firm dated October 29, 2012, regarding the successful outcome of the proceedings.
The Initiative of Black People in Germany (ISD) and the Office for the Implementation of Equal Treatment (BUG) supported the plaintiff in the legal enforcement of his rights.
Press releases as PDFs
Press release regarding the admissibility of the appeal, May 15, 2012.
File format: PDF – Size: 21.2K – Uploaded: May 15, 2012
Decision on the admissibility of the appeal dated May 8, 2012.
File format: PDF – Size: 126.9 KB – Uploaded: May 14, 2012
Press release dated October 29, 2012, regarding the outcome of the proceedings before the Higher Administrative Court.
File format: PDF – Size: 45.5K – Uploaded: October 30, 2012
Press release from ISD and BUG dated October 29, 2012, regarding the outcome of the proceedings.
File format: PDF – Size: 46.7K – Uploaded: October 30, 2012
Statements by the 25-year-old plaintiff regarding the actions of the Federal Police, in their original form
(all mp3 files in mono, bitrate: 128 bits/s)
Interview Part 1: "How did you personally experience the situation on the regional train?", 39 sec.
File format: mp3 – Size: 609.5K – Uploaded: 15.05.12
Answer: "The fact that someone is singled out from a huge crowd of people, when it's already quite clear that this whole measure is based on their skin color, makes me furious. I can picture myself standing or sitting there in that huge train, and the police officers are running towards me like they have crosshairs in front of them, asking for or giving instructions that they want to see my ID. I didn't like this measure at all; it hurts, and I wouldn't wish it on anyone. That was my reason for saying, 'This can't go on like this anymore.'"
Interview Part 2, "Why exactly did you file a lawsuit against the actions of the Federal Police?", 33 sec.
File format: mp3 – Size: 526.7K – Uploaded: 15.05.12
Answer: "Of course, I disagree with the ruling, as it has very serious consequences, especially for Black men and women. According to the ruling, this means that checks can now be carried out without suspicion, and it can be stated that the check is based on skin color. I said to myself, if not by me, then a clear stop sign must be shown from higher up. This cannot be tolerated for much longer."
Interview Part 3, "What would you like to see happen if the Koblenz Administrative Court's ruling is overturned?", 34 sec.
File format: mp3 – Size: 536.5K – Uploaded: May 15, 2012
Answer: "I've imagined a wonderful time for what comes next: walking through the train station, seeing a police officer, and not flinching, but experiencing it all again in that normality I knew as a child, not constantly being reminded that I'm Black or a potential danger. And I also hope that my attitude towards police officers will change then."
