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

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UNITED KINGDOMBorder Agency Harm Scoring MatrixThe work of the United Kingdom Borders Agency (UKBA) is governed by the EqualitiesAct 2010. The Enforcement and Removals Directorate of the UKBA is responsiblefor the investigation and removal of people who have no legal right to stay in theUK. In order to prioritize their work and ensure that decisions are not based on race,ethnicity, or nationality, the UKBA uses a harm scoring matrix to prioritize investigationsand enforcement. When agents receive intelligence about a possible breach ofimmigration rules, they feed the information into a software system that scores theintelligence. The system examines whether the person identified fits into the priorityareas through a series of weighted questions such as:• Has the person breached the immigration rules?• Has he committed a criminal offense?The system ranks immigration offenses and offenders, and those persons identifiedwith higher harm scores are prioritized for removal. It thus takes the discretion outof decision-making and reduces the possibility of ethnic profiling.General principles of good practice in intelligence-based law enforcement:Judicial review and authorization should be required for the use of intrusive policepowers such as raids and surveillance. Review should assess the evidentiary basis,proportionality and necessity of the proposed action.Intelligence must be regularly reviewed and updated. Sensitive personal factorsshould only be used to direct law enforcement when they form part of a reliable,specific, and up to date suspect description or intelligence profile.Intelligence should prioritize behavioral factors over ethnic or nationality-basedprofiles.Officers should be given clear guidance in using intelligence in planning identitychecks and stops and searches.Officers should be given daily briefings to ensure they have the most up to dateknowledge of available intelligence and local information on which to base theiractivities.Identity checks and stops and searches should be monitored through gatheringstatistical ethnic data to determine whether these powers are disproportionatelytargeting minorities and whether they are being used effectively.108 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
Supervision and Oversight of Front-line Officers andLaw Enforcement OperationsIn law enforcement, the lowest-ranking officers have most frequent interaction withcivilians, often on the basis of highly discretionary decisions made with little or no directsupervision or oversight. Holding officers accountable for the choices they make in theuse of their powers requires appropriate forms of monitoring and feedback. Researchindicates that day-to-day management and supervision is a key influence on officers’behavior. 190One of the most effective ways to assure that police powers are used in a fairmanner is to focus routine management and supervisory practices in areas where ethnicprofiling is a concern. When law enforcement management and supervisors makeclear that non-discrimination is a core value of policing, and implement this throughmonitoring and supervision of the use of discretionary powers, officers adjust theirbehavior accordingly.As discussed in Chapter V, collecting and analyzing ethnic data facilitates supervisionof officers’ use of discretionary law enforcement powers such as stops andsearches. This provides a paper trail that can be reviewed on a regular, even daily, basisto determine whether ethnic profiling is taking place and to assess the effectiveness ofofficers’ actions. The following case study of Fuenlabrada demonstrates the effects ofsupervision based on data gathering.SPAINUsing Stop Data in Supervision and ManagementIn Fuenlabrada, Spain, the municipal police achieved both a dramatic reduction ofdisproportionality and an increase in positive outcomes of stops and searches bymaking systemic use of stop forms to monitor individual patrol officers and analyzeoperations and personnel deployment. 191 (Please see Appendix A for the Fuenlabradastop form.) The data enabled them to factor disproportionate ethnic impacts intotheir strategic decision-making and reduce unfair policing while enhancing efficiency.Sequentially numbered forms allowed every stop to be traced to an individual officer.The forms recorded the reasons for the stop and the type of stop, as well as data onthe person stopped and on the outcome of the stop. The data on the type of stopand reason for it allowed senior officers to supervise individual officers’ use of stopsmore closely and required that officers be as specific as possible about the reasonsREDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 109
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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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officer misconduct more than patter
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Page 100 and 101: NORTHERN IRELANDBeyond the Margins:
Page 102 and 103: DENMARKMedia Reporting of Police St
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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 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
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Page 145 and 146: General principles of good practice
Page 147: General principles of good practice
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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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