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

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Intelligence is generally provided to officers at daily briefings before each lawenforcement shift. The briefings generally discuss crimes that have recently taken place,noting “hot spots” or persons of interest that officers should be looking for. Providingtimely and detailed intelligence to officers during these briefings should reduce discretionand provide officers with guidance on how to target their powers more specificallyon current crime patterns and identified safety issues.It is especially important to use high-quality intelligence to inform the use ofmore intrusive law enforcement powers such as arrests, searches of homes or businesspremises, raids, surveillance and other forms of electronic monitoring. For such operations,judicial oversight can play an important role in considering whether the legalgrounds for the action have been established—notably that the evidence warrants theaction on its merits and meets the standard of proportionality.In the Netherlands, judges set strict limits on the use of intrusive law enforcementpowers, respecting in particular the principle of proportionality, that is, that thelaw enforcement action must be necessary and reasonable with regard to the specificoperation objective (discussed further in Appendix B). Proportionality is decided basedon the facts of each case as the following Belgian case study demonstrates.BELGIUMJudicial Control of the Use of Special Investigative TechniquesBefore Belgian law enforcement officials may make use of special investigative techniquessuch as surveillance, a magistrate examines the file and assesses the followingelements:a) Legality: Does the crime fall into the specific categories of crime for whichthe use of these techniques is permitted?b) Subsidiarity: Did police use all resources at their disposal to find elementsof the crime before making use of special techniques?c) Opportunity: Is it the right point in the investigation to use this technique?d) Feasibility: Is there a good chance of success?Investigative techniques that infringe on privacy and other personal rights are subjectto judicial authorization. A senior Belgian counter-terrorism official stated that therequirement of judicial approval has prevented counter-terrorism raids on mosquesin Belgium. Such raids must be authorized by an investigating magistrate, who will106 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
only do so if the measure is determined to be a proportional. The official said that inseveral cases the police, prosecutor, and investigating magistrate debated requeststo conduct raids. The examinations considered the broader implications of any raid,including its impact on the Muslim community, and determined that they were notproportionate in the circumstances.Finally, where good intelligence exists, it should be shared among law enforcementagencies and used in a systematic manner. Two case studies from the UnitedKingdom describe initiatives developed to systematize, integrate, and share intelligencemore effectively.UNITED KINGDOMNational Intelligence ModelThe National Intelligence Model (NIM) is an intelligence-led approach to policingwhich applies basic minimum standards in all areas of policing, including the UnitedKingdom Border Agency. NIM is essentially a “business model” that assists in organizinginformation and intelligence to support resource deployment decisions,coordination of actions within and between different levels of policing, and learninglessons and providing feedback into the system. The NIM emphasizes three keyfactors:a) The development and analysis of intelligence to provide deeper understandingof crime trends and identify priorities.b) Effective decision-making guided by identified priorities. Resources andinformation gathering activities are coordinated and directed towards themost significant threats to the public.c) The results of each activity are evaluated and fed back into the system,building on existing intelligence, increasing the police’s ability to tackle identifiedproblem areas and facilitating the assessment of police priorities.The NIM supports effective policing by optimizing law enforcement decision-makingand use of resources. It also facilitates the flow of information across three levels:tackling local issues (Level 1); cross force or boundary issues (Level 2); and nationalor international issues—serious and organized crime (Level 3). 189REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 107
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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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the person could pose a threat to p
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Improving law enforcement relations
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IRELANDPolicing Plan 2008The Garda
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Page 78 and 79: used, such as those described below
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Page 82 and 83: UNITED KINGDOMMerseyside Police Rev
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Page 107: people were stopped and valuable po
Page 111 and 112: Supervision and Oversight of Front-
Page 113 and 114: This is not to say that stop forms
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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 130 and 131: Where possible, training should inc
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
Page 145 and 146: General principles of good practice
Page 147: General principles of good practice
Page 150 and 151: other characteristics or values. Co
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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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