The applicant was subject to an identity check by police officers from the mixed French-Italian patrol on 13 April 2021 at the Turbie toll booth in Menton while he was a passenger in a vehicle. The report indicated there was set up a mobile control device at the Turbie toll booth in the Italy/France direction. The Court stated that the authorities could not specify the legal framework under which the control was carried out. Furthermore, the code of criminal procedure, which allows random checks within a period of less than 12 hours in the 20 kilometre strip of the border between France and Italy, is not referred to in the report. The Court found that the authorities used an irregular procedure.
Court Juge des Libertés et de la Détention (JLD)
Found for Applicant