WA BAILE v. SWITZERLAND - 43868/18 (Art 14 (+ Art 8) - Domestic courts failing to investigate the possible role of discriminatory ground - Preliminary objection joined to merits and dismissed : Third Section) French Text [2024] ECHR 163 (20 February 2024)

WA BAILE v. SWITZERLAND - 43868/18 (Art 14 (+ Art 8) - Domestic courts failing to investigate the possible role of discriminatory ground - Preliminary objection joined to merits and dismissed : Third Section) French Text [2024] ECHR 163 (20 February 2024)

The Court found that the domestic authorities failed to adequately investigate whether the applicant's identity check was motivated by discriminatory grounds, despite international reports and interveners confirming the existence of racial profiling by police in Switzerland. The Government did not rebut the...

Source-derived case information.

Citation
[2024] ECHR 163
Parties
Applicant: Mohamed Shee Wa Baile; Respondent: Confédération suisse
Jurisdiction
European Union
Judgment Date
20 February 2024
Procedural Posture
Human Rights Application (joined Applications 43868/18 and 25883/21) / Judgment on Merits by European Court of Human Rights, Third Section
Outcome
Violation found
Legal Topics
Racial Profiling, Discrimination Based on Skin Colour, Right to Private Life, Effective Remedy, Police Powers, Burden of Proof in Discrimination Cases
Human Rights Law Anti Discrimination Law Criminal Procedure Racial Profiling Discrimination Based on Skin Colour Right to Private Life Effective Remedy Police Powers +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 19 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mohamed Shee Wa Baile

Applicant

Confédération suisse

Respondent

Procedural Posture

Human Rights Application (joined Applications 43868/18 and 25883/21) / Judgment on Merits by European Court of Human Rights, Third Section

  1. 1 Whether the applicant was subjected to discriminatory treatment based on skin colour during an identity check by police
  2. 2 Whether domestic courts failed to investigate the possible discriminatory motive
  3. 3 Whether there was an effective remedy for the alleged discrimination

Ratio Decidendi

The Court found that the domestic authorities failed to adequately investigate whether the applicant's identity check was motivated by discriminatory grounds, despite international reports and interveners confirming the existence of racial profiling by police in Switzerland. The Government did not rebut the presumption of discriminatory treatment. The applicant's complaint was therefore 'defendable' and the threshold of seriousness under Article 8 was met. There was a violation of Article 14 in conjunction with Article 8, and a violation of Article 13 for lack of effective remedy.

Court Disposition

Violation found

Orders

  • The Court finds a violation of Article 14 in conjunction with Article 8 of the Convention.
  • The Court finds a violation of Article 13 in conjunction with Article 14 and Article 8.