PRESS RELEASE

06/12/2023

Public thematic report

IDENTITY CHECKS

Identity checks are a central part of police and “

gendarmerie

” practice. The Defender of

Rights referred the matter to the Court of Accounts, asking it to undertake an investigation

of the conditions under which identity checks are carried out - a subject that is regularly

questioned in public debate. In its referral, the Defender of Rights drew attention to the lack

of traceability of identity checks, the inadequacy of the legal framework to protect against

discrimination (“racial profiling”) and the lack of effective control by the judicial authorities.

The request focused in particular on the number of identity checks carried out and the

qualitative analysis of these checks (legal basis, effects on delinquency, effects on the

population, particularly in terms of confidence in law enforcement bodies). The Court of

Accounts has taken these questions into account and analysed the role of these checks in

the public safety strategy implemented by the internal security forces.

A widespread practice within a complex legal framework

Identity checks, as provided for in Articles 78-2 sqq. of the Code of Criminal Procedure, fall

within the remit of the judicial and administrative police. They may be carried out on the

initiative of the police and gendarmerie or by written order of the public prosecutor. This

framework has been progressively clarified by case law, in order to guide the discretion of

officers in their choice of individuals to be checked. It is supplemented by a set of ethical rules

applicable more generally to police officers and

“

gendarmes

”

, which have had regulatory status

since 2014. They describe the main principles of interaction between the national security

forces and the public, and enshrine non-discrimination during checks.

Despite the significant gaps in the information available, the Court has endeavoured to assess

the number of identity checks carried out each year. In 2021, the national

“

gendarmerie

”

(20 million) and the national police (27 million) carried out a total of around 47 million identity

checks, although this estimate is not entirely accurate. In fact, despite the central role of

identity checks in their activities, the security forces have not provided themselves with the

means to record the checks carried out or the reasons behind them, in order to analyse the

outcomes. Greater understanding of identity checks - their number, but also, for example, their

location - is therefore essential in order to properly assess the way in which this practice is

carried out.

Purposes to be defined, actions to be supervised

The operational need for identity checks is unanimously accepted by the internal security

forces. However, they have given insufficient consideration to the practical conditions of use of

this practice, which is seen as a simple tool in their aiming for public safety. Identity checks have

not been properly defined in the strategy implemented by the security forces, and their impact

on police-public relations has not been measured. Furthermore, there are no teaching aids that

precisely define the objectives and procedures of these identity checks. This lack of precision

leads to abuses in day-to-day practice. Given these circumstances, the mentoring of younger

officers by experienced officers is crucial. However, in the national police force, this is impeded

by the difficulties of hierarchical supervision due to the reduction in the number of police

inspectors. In the majority of cases, only those checks that officers themselves feel should be

brought to the attention of their immediate superiors are the subject of hierarchical attention.

Finally, policemen in charge of judicial duties only monitor cases that result in legal action,

meaning that some abuses go undetected.

Effective but little-used control mechanisms, transparency to be strengthened

When an officer’s cond

uct is perceived to be inappropriate during a check, members of the

public can use the reporting websites administered by the general inspectorates of the national

police and

“

gendarmerie

”

, or refer the matter to the Defender of Rights. However, these

avenues of appeal are rarely used and only a few hundred cases are processed each year. The

Court was able to verify that this procedure is effective. However, these cases are monitored

by the departments concerned, without any overall analysis or feedback to the general

inspectorate. As a result, the latter has no means of monitoring compliance with professional

ethics or the discriminatory nature of checks. Control by the public prosecutor of requisition

requests issued by the internal security forces should also make it possible to verify the

legitimacy of the operations envisaged; in practice, this control remains very limited. The

implementation of digital criminal proceedings and the use of data from operation reports

could enhance the transparency of this control framework. Finally, although a number of

changes have been made to improve transparency in the performance of checks, such as the

use of the “RIO”

individual identification number and the deployment of body-worn cameras,

these are still insufficient. The RIO tag is not always worn, and seldom visible. The Court is calling

for a new trial of body-worn cameras, following the failure of the one carried out in 2017 due

to the technical difficulties encountered at the time.

Improve training

When identity checks are taught during initial training, the main emphasis is on the legal

framework and ensuring the security of officers, but little attention is paid to assessing whether

or not it is necessary to check an individual and how the check is carried out. Most of the

training for young officers is therefore provided by their peers when they arrive at their unit.

The subject of identity checks is also covered in some in-service training modules, but these

modules are not well attended. Low participation rates in these training sessions make it

impossible to reduce the risk of local or individual excesses in practices. For the

“

gendarmerie

”

,

only the compulsory training that accompanies certain changes in rank really provides an

opportunity to review the framework within which identity checks are carried out over the

course of a career. Overall, there is a need for initial and ongoing training on the practical

aspects of identity checks.

Read the report

PRESS CONTACT:

Julie Poissier

◼

Head of Media & Social Networks

◼

T

+33 (0)6 87 36 52 21

◼

julie.poissier@ccomptes.fr

@Courdescomptes

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