In France, minority communities decry a surge in police fines

Mohamed Assam was out to get groceries at a grocery store near his Paris home one afternoon in 2020. He said that he had already been fined more than €900 for nine infractions and was now ready to return home.

He said that he was 27 years old and lived in Epinay-sous-Senart, a Paris suburb. He received notification by post a week later. According to notices he received by an interior ministry agency, his alleged offences include violating COVID-19 lockdown regulations and not having correct headlights for his quad bike.

Assam said: "It was a shock, a terrible surprise." According to Assam's lawyer, he owes thousands in fines since 2019, which includes late payment fees.

Emmanuel Macron, the French president, has implemented a series of policies to curb urban crime. He is currently under fire from his rivals for being too soft on drug dealers. These include increased authority for police to issue penalties - which police have taken advantage of.

According to the interior ministry agency for penalties, the nation's number of fines not related to traffic has increased by six times. It was 1.54 million in 2018 compared to 240,000 in 2018. The number of non-traffic related fines grew by more than six times in 2020 after multiple COVID-19 lockdowns.

The fines are intended to reduce the legal system's burden by keeping minor offenses out of the courts. Critics claim that the penalties permit police to decide what sanctions they want without accountability. Lawyers and rights advocates argue that this power has led to police targeting the poor and ethnic minorities, resulting in some people being saddled with large debts.

French laws restrict the collection of data on an individual's race and ethnicity. This makes it difficult for authorities to assess the impact of fines on ethnic minorities. However, the census collects some information on immigrants based on their place of birth as well as their nationality. An analysis of French census data and fine-related police data shows that fines have been increased in areas with high immigrant populations.

Alice Achache, a lawyer representing Paris residents who challenge fines, said "there is systemic discrimination".

Macron previously stated that there is no systemic racism in France's police force. The national police and his office did not respond to questions. The interior ministry didn't respond to questions. Other countries, such as the United States or Britain, have been accused of over-policing minorities and sanctioning them.

A review of more than two decades of police reports in Epinay-sous-Senart found that more than 80% of incidents involving at minimum one fine occurred in two neighborhoods near Assam. Residents claim many of these families are ethnic minorities. According to data from the local police, 403 of the 478 reports detailing fines between April 2018 and July 2020 were from this area. According to data, the vast majority of those fined had Arab and African surnames.

According to France Strategie, a government think-tank, more than one-third (33%) of Epinay-sous-Senart residents aged 25-54 are from non-European immigrants. More than half of the children in the town are also of non-European origin, according to 2017 census data.

The pattern of heavy fines in areas where immigrants live is consistent with a pattern seen across France. Based on France Strategie figures, police issued 58 COVID-related penalties per 1,000 residents in five Paris districts that have the highest concentration of residents from non-European backgrounds. This is 40% more than the rate in other areas where there were almost 42 fines for every 1,000 residents. France Strategie's figures show that this figure is around 40% higher.

Nationally, the rate for pandemic-related penalties in areas with high immigrant concentrations was 54% higher than elsewhere between mid March 2020 and mid May 2020. This was during the country’s first national lockdown.

According to defense lawyers and recipients, police can also issue remote fines and fine the same person repeatedly. These people claim that minorities bear the brunt of repeat and remote fines, which adds to suspicions that police are targeting ethnic communities.

According to legal experts, issuing fines remotely violates police procedures for non traffic infractions. Philippe Astruc is Rennes' public prosecutor. He runs the Rennes office that processes fines that are challenged by individuals across the country. Except for certain road-related violations, he said that police should not issue a fine without stopping a rulebreaker.

Some lawyers representing fine recipients claim remote fining takes place despite the rules. Achache, a Paris lawyer, stated that police have the names of people because they conduct regular identity checks. Sometimes, recipients don't know they are being fined.

Some scholars claim it is difficult to prove bias in fining practices. Sociologists also suggested that other factors could account for the geographic disparity in fine rates. These include higher crime rates or greater concentrations of police patrols.

Aline Daillere is a sociologist at Paris Saclay University who studies policing. She said that analysis showed "certain categories" of the population are often fined, mostly young men from poor neighborhoods who are -or are perceived as - minorities. She suggested that police may be targeting minorities as a possible explanation. She said that it is impossible to prove discrimination without evidence showing police treat people from different ethnicities differently. Such data doesn't exist.

Augustin Dumas was the Epinay-sous-Senart's municipal police chief from the summer 2020. He denied targeting any particular section or area of the population and said that police only responded to residents' complaints. Dumas, who is now an elected official in a nearby village, stated that "if someone is doing something wrong you must act."

Macron, who was elected to power on a centrist platform five years ago, has stepped up his law and order stance amid fierce competition from the right. Rights advocates claim that Macron's government has weakened civil liberties and given greater authority to authorities. The ability to close mosques without trial.

Expanded police powers now allow the right to issue fines on-the-spot. Since 2020, several new offences are now possible. These include drug use and loitering within buildings. As part of a larger security bill, the government wants to increase police fines. The legislation will be up for vote by lawmakers this month.

In October, Interior Minister Gerald Darmanin stated to the upper house that the proposed increase in fines was intended to provide "efficiency and simplicity". Darmanin, who was a member of the lower house during another discussion in November, denied any racial profiling in issuing fines by police.

The government's new proposed fines, which include penalties like graffiti and theft petrol, would be recorded on a person’s criminal record. This is in contrast to fines for minor offenses like making noise, littering, or breaking lockdown restrictions. The lack of judicial oversight is what some critics find troubling.

Daillere, a sociolog, stated that justice is being done on the streets instead of in a courtroom. "If we do not go before a judge, then what prevents a police officer giving out a sanction even though there hasn't been an infraction?"

Assam was born in France to Moroccan parents. He said that police had stereotyped him and other immigrants and preconceived ideas about him. Assam said that police often stop him, making him feel less equal than his fellow citizens. Assam said, "We are regular people, like everyone else. We are French, and we are proud to be French." He was speaking over coffee at a local cafe in the early part of this year.

Epinay-sous-Senart is located around 30 km southeast of central Paris and has a population just over 12,000 people. The historic quarter of Epinay-sous-Senart is located approximately 30 kilometers southeast of central Paris. It was home to a small population of just over 12,000.

Assam lives here in a newer area of town called 'Les Cineastes'. This is a collection of modern apartment blocks that are served by a cafe as well as a few shops. This and a neighboring neighborhood were where the majority of the fines were issued over the two-year period reviewed.

The rate of violent crime and non-violent crimes in Epinay-sous-Senart is lower than that found in other Paris regions and towns within the same department, according to interior ministry figures from 2021.

Dumas was appointed as the municipal police chief by the then-center-right mayor of the town in 2017. He said that his goal was to combat anti-social behavior, drug dealing, and other criminal activities.

It was discovered that some people were given multiple fines. Total of 185 people were involved in the 478 police reports examined. According to police data obtained, approximately one-fifth were fined for three or more incidents. The contents of police reports were also reviewed and it was found that some individuals received multiple fines for the exact same incident. Many fines were also issued in accordance with local ordinances that prohibit outdoor gatherings or allow police to stop individuals in certain areas.

According to data from the town, Hassan Bouchouf was fined on more than twenty-six occasions. The 37-year old factory worker said that the police would tell him to move on or fine his friends whenever they saw him outside with his friends. This was even after they moved to the woods.

He said: "Who am I disturbing? Am I disturbing the squirrels?"

According to a treasury summary, dated 9 August, Bouchouf owes more than €20,000 to the Treasury for fines received between 2017-2020.

Dumas did not apologize for issuing repeated fines. Dumas stated that people who are repeatedly fined had been guilty of repeated violations.

Questions about fines paid by Assam or Bouchouf were not answered by the Essonne police department.

According to two officers, the mayor, and more than a dozen residents who were interviewed, Epinay-sous-Senart's new police chief and mayor have been less active issuing fines. The Epinay-sous-Senart mayor's office didn't respond when asked for data.

Damien Allouch (the center-left mayor of the town elected in June 2020) said that while police continue to issue penalties when necessary, he said that anti-social behavior could be addressed using other methods. He said, "Sometimes it is enough to have a discussion."

Allouch did not respond to questions regarding the earlier police data received from the municipality.

Georges Pujals was the mayor from 2000 to 2020. He appointed Dumas and denied that there had been any discrimination by police. He stated that police applied COVID-related rules during lockdown and that a small group of people who were subject to multiple fines were well-known to police. He said that the public prosecutor supervises the municipal police officers who are responsible for law enforcement.

FIGHTING BACK

Assam's fines led To an even deeper tangle With the Police

According to witnesses and both the men, Assam confronted Dumas verbally after learning about the April 2020 fines. Dumas claims Assam threatened to kill him, while Assam insists that he only insulted Dumas. Both men claimed that there was no physical violence. According to Assam, Assam was arrested at his home the next morning.

According to court documents, Assam was found guilty by the Court of Evry of violence and threats against a public official in November 2020. Clara Gandin, Assam's lawyer, stated that Assam is appealing the six-month suspended sentence and that his appeal will be heard in December. Gandin stated that the police had harassed youths in the area and she plans to argue that this provocation warrants a lighter sentence.

Assam also challenged the nine fines he received for his grocery trip in April 2020 and four other from May 2020 on various grounds. Gandin stated that Assam wasn't stopped in any of these cases and that reports from police contained insufficient detail. Gandin said that two fines related to COVID-19 were canceled by a police tribunal in November. Gandin continues to contest the 11 other fines, including several that relate to the quad bike he used on his grocery trip.

It was discovered at least 45 people in Epinay-sous-Senart, and other areas in the greater Paris area who claim they were fined had not spoken to a police officer. This is according to both recipients and their lawyers. According to the lawyers, the fines were for antisocial behavior such as making noise and locking down breaches. Nearly all the people were descendants of immigrants or immigrants based upon their names.

According to Assam and a local official, Assam complained of remote fines in a police interview after his April 2020 arrest. This led to a review of the prosecutor's office which revealed that Assam had been issued remote fines by police, this person stated.

According to the local public prosecutor's Office, it could not comment on Assam’s case. It said, however, that it had received a 2020 complaint regarding remote fines and sent a reminder letter to mayors.

"This confirms the prosecutor's complete awareness that there has been remote fining," Gandin, Assam’s lawyer, said.

'POLICE HARASSMENT'

In addition to the criticisms of police fines, there are other allegations that police discriminated against people. Police identity checks have been a flashpoint.

The Paris Court of Appeal 2021 made a landmark ruling and found that discrimination was the reason behind three high school students' identity checks at a Paris station in 2017. They were French citizens of Moroccan, Malian, and Comorian descent. The court stated that each individual was awarded 1,500 euros in damages and legal costs.

Assam, along with more than 30 Epinay-sous Senart residents, filed a complaint to the Defenseur des Droits (French state rights watchdog), about how the police dealt with fines during the pandemic.

The April 2021 submission prepared by Gandin and others, stated that remote fining is "systemic discrimination" by the police against young men of North African and Subsaharan African descent. It claims that police engaged in remote and repeated fining. This is described as police harassment.

Since then, complaints about police fines have increased. A joint complaint was filed to the Defenseur des Droits by 60 residents of three Parisian neighborhoods in March with similar allegations. According to someone familiar with the matter, about 10 complaints have been filed against the watchdog alleging improper fines from police officers, most of them Parisian. A spokesperson for the watchdog said that although they can make policy recommendations and challenge rights violations, they don't have the power or authority to cancel court or administrative orders.

Claire Hedon, the Defenseur des Droits' head, declined to comment about the probes. She said that fines can be issued arbitrarily, and they are hard to challenge. She stated that the principle of justice is to be allowed to appeal.

Lawyers say that debts accumulated as a consequence of fines can continue weighing heavily on individuals.

Assam, who spoke in November, recently stated that he had found a job as a salesperson after a period of unemployment. Assam said that he continues to receive notices about his court proceedings and letters from authorities threatening to send bailiffs or seize any money he owes. He said that the warnings make him feel stressed.

He said: "Letters arrive at my house, I don’t even open them anymore."

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