Identity check without reasonable suspicion within the 30 km border zone

Here you can find the press release of the administrative court of Stuttgart.

During a business trip, the now 30-year-old Ilyias Ahadi* was travelling first-class from Berlin to Freiburg on the 19th of November 2013. Between Baden-Baden and Offenburg, he was subjected to an identity check without reasonable suspicion by three Federal Police officers. They conducted the identity check on the basis of § 23 para. 1 no. 3 of the Federal Police Act. Mr. Ahadi* submitted his German identity card, whereupon the police officers cross-checked the authenticity of the document.

Mr. Ahadi* was the only one controlled in the first-class compartment. He assumed that his skin colour gave reason to the control. He therefore felt discriminated against and lodged a claim at the Administrative Court of Stuttgart (Az.1 K 5060/13).

On the 22nd of October 2015, the hearing was held in Stuttgart. In the legal analysis, the presiding judge primarily referred to the so-called 'Melki judgment'(C-188/10 and C-189/10) of the European Court of Justice, which declared the French equivalent to § 23 section 1 No. 3 of the Federal Police Act to be inapplicable due to its infringement of the Schengen Borders Code at the EU's internal frontiers: it authorises measurements which may have the same effect as border controls. Identity checks without reasonable suspicion near the border are therefore contrary to European law.

The written reasoning of the Court was published on the 12th of November 2015. Furthermore, you can access a summary of the verdict. The federal police has filed an appeal, thus the verdict is not final yet. The appeal trial is scheduled for December 5, 2017.

Here you can find our press release. (only available in German)

We compiled a press review, which you can access here. (only available in German)

© Büro zur Umsetzung von Gleichbehandlung e.V. 2011