Reducing Ethnic Profiling in the European Union - Open Society ...

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DENMARKMedia Reporting of Police Stop and Search OperationsIn February 2008, a series of riots took place in the Nørrebro District of Copenhagen.The national newspaper Politiken published interviews with young people underthe title: “Declaration: the truth behind the riots.” 181 In the articles, young peopleexpressed frustration with frequent police stops and searches, and accused the policeof behaving in a “brutal” and “racist” manner and exercising “utterly unacceptableintimidation.” They alleged that the police had forced some young men to undressin public while officers shone flashlights on them, that officers verbally abused anumber of young men, and that one police officer conducted repeated stops andsearches of the same individuals within a single day. There have since been a numberof media reports following the use of police stop-and search powers in the area.More recently, Copenhagen police have used special powers that allow police officersto conduct stops and searches without individual suspicion within a defined area or“stop and search zone” in order to prevent violence. 182 Statistics on these operationsreleased by the Copenhagen Police and published in newspapers are strongly suggestiveof ethnic profiling. Between September 15, 2008 and January 15, 2010, 9,887individuals were searched a total of 17,977 times in the “stop and search zones.” 183Over 50 percent of those stopped and searched were of non-Danish ethnic origindespite the fact that immigrants or descendants of immigrants make up 20 percentof the population of Copenhagen, Frederiksberg, and Tårnby municipalities (the threemunicipalities where stop and search zones have been focused). 184 Stops conductedunder this power have sparked further violent confrontations between the police andyoung people and further unrest, albeit on a much smaller scale, broke out in August2009 in response to police increasing their use of stop-and-search powers. 185SWEDENSwedish Brunch Report Radio ShowThe Swedish Brunch Report radio show investigated 500 stops and searches intendedto remove weapons from the streets in Uppsala and Malmo and found that the policehad only discovered two knives. In an interview that aired on the show, a 17-year oldboy explained why he found stops and searches to be humiliating. 186100 ETHNIC MONITORING AND LAW ENFORCEMENT DATA-GATHERING
General principles of good practice in gathering data on ethnic profiling:Qualitative and quantitative data provide an important insight into law enforcementpractices and can provide evidence of the extent and experience of ethnicprofiling.Qualitative data provide important insights into experiences of ethnic profilingthat can support the development of new policies and practices. The most thoroughunderstanding of ethnic profiling will be derived from a mixed methodologicalapproach that combines both quantitative and qualitative research and data.Observational studies may be particularly useful where census data are not availableor appear to be inaccurate, or where there is no available law enforcementdata and there are concerns about ethnic profiling. They should not be used tojustify hot-spot law enforcement policing practices with strongly disproportionateoutcomes.While surveys and observational methodologies can obtain quantitative data onethnic profiling, access to police data is an essential basis for thorough researchand analysis and for the generation of sound and practical policy recommendations.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 101
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OPEN SOCIETY JUSTICE INITIATIVERedu
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described in this report. The case
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List of Case StudiesThe case studie
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UNITED KINGDOMAUSTRIA/BELGIUM/BULGA
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UNITED KINGDOMUNITED KINGDOMNETHERL
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The United Nations, the Council of
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I. Ethnic Profiling DefinedA Compre
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The use by the police, with no obje
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explicitly on their membership in a
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of the persons subjected thereto sh
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The impact of ethnic profiling on c
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of the ethnic minorities disproport
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II. A Holistic Approachto Reducing
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Law enforcement agencies are accoun
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III. Legal Standards andInstitution
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Criminal and Administrative Legal R
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ImmigrationThe Equality Act covers
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FRANCEObligation of Non-Discriminat
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General principles of good practice
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UNITED KINGDOMPolice and Criminal E
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has lasted for an hour, the examini
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In order to conduct a check using a
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Page 100 and 101: NORTHERN IRELANDBeyond the Margins:
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Page 107 and 108: people were stopped and valuable po
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Page 111 and 112: Supervision and Oversight of Front-
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Page 117 and 118: UNITED KINGDOM“Know Your Rights
Page 119 and 120: Prior to the ride-alongs, many Hung
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Page 125: GREECEProhibition of Racist Languag
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Page 132 and 133: SWEDENPolice and Youth Sharing Expe
Page 134 and 135: Training in the Counter-radicalizat
Page 137 and 138: VIII. Changing Institutional Cultur
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Page 141 and 142: NORTHERN IRELANDCreating a More Bal
Page 143 and 144: Moroccan man. Another minority offi
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Page 150 and 151: other characteristics or values. Co
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Take steps to ensure that all parts
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Law enforcement agencies must be se
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A large number of Polish migrants h
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variety of individuals with “life
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UNITED KINGDOMCommunity Stop and Se
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their needs, and problems, and hear
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to travel as far as Liverpool to ac
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The strategy includes multiple init
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The website provides an interactive
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General principles of good practice
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Appendix A:Sample Stop Forms171
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REDUCING ETHNIC PROFILING IN THE EU
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Fuenlabrada, Spain Stop FormREDUCIN
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West Yorkshire Police Stop ReceiptR
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Covenant rights that are especially
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• Necessity: The use of ethnic pr
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The clear risk of arbitrariness in
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The Committee considers that identi
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adopted on June 29, 2007, CRI/Counc
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European Union Fundamental Rights A
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Notes1. Rebekah Delsol, Open Societ
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13. A report of MI5’s behavioral
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38. From the email text sent by Tem
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57. R. Davis and P. Mateu-Gelabert,
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88. Gillan and Quinton v. United Ki
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Ireland). Of the total number of co
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139. For example, European Commissi
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165. Open Society Justice Initiativ
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197. These can be found at: http://
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230. More information can be found
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266. To undertake this kind of anal
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279. In Rosalind Williams, Spanish
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Ethnic profiling by police in Europ
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