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

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for making stops, and with certain operations that had legitimate objective but wereproducing disproportionate results.The program was run on a monthly basis, automatically emailing the supervisor ofany officer it identifies, and generating details of the officers’ stops and a templateof questions to ask the officers. Supervisors were trained, and required to interviewthe officer. Supervisors reported on all interviews with recommendations for actionsor re-training.The rate of statistically significant disproportionality dropped among the officerswho were identified and interviewed, and across the force as a whole. The dataenabled routine conversations by supervisors with officers about ethnic profiling,and officers were aware that their stops were scrutinized and any disproportionalitymust be explained. Complementing the focus on individual officers, communityimpact assessment protocols were improved, so that operational planning couldtake account of potential impact on the public and brief officers accordingly. Unfortunately,the program was discontinued and rates of disproportionality have since risen.Ethnic profiling is not only the result of the discretionary decisions of individualofficers. Profiling also results from decisions about how to police certain areasor neighborhoods and what operations to conduct in response to different crime andpublic order issues. Just as individual officers’ actions require supervision, operationalstrategies should also be subjected to scrutiny to assure that they are not discriminatingagainst any groups. Operation Pennant is a program developed in London that comparedlevels of disproportionality among the 23 policing areas (boroughs).UNITED KINGDOMLondon Metropolitan Police Service’s Operation Pennant to Monitor Area-Based Profiling 195In October 2006, the Metropolitan Police Service introduced Operation Pennant,an internal accountability system aimed at reducing disproportionality in stopsand searches by holding the worst performing policing areas (based on Londonboroughs) to account. The Pennant performance framework looks at five aspects ofthe use of the stop powers:• Number of stop and searches;• Arrest rate;112 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
• Recording of self-defined ethnicity on the form;• Timeliness of data entry from stop forms onto the central database;• Ethnic disproportionality in searches.Each variable is weighted in importance to generate a ranked list of how the 32London boroughs are performing. On a quarterly basis, the five worst performingboroughs are required to complete a self-assessment questionnaire to highlightpolicy and practice that may be having a disproportionate impact. They then haveto explain their performance in front of a Commander, the Metropolitan PoliceAuthority (MPA), and local community members from the monitoring network. Badlyperforming boroughs are required to produce a three month action plan and reportback at subsequent meetings.Following the launch of Operation Pennant, the Metropolitan Police Service has seena reduction in the level of disproportionality across London and greater parity amongethnic groups in arrest rates resulting from stops and searches. Data entry becamemore timely, and supervision improved, ensuring that officers ask and record theself-defined ethnicity of those stopped. The data generated by Operation Pennantare shared with community monitoring groups across all boroughs to allow them tocompare local performance against other boroughs.The MPS is currently expanding Operation Pennant to ensure that the performanceframework data are used on a monthly basis by the five areas’ Commanders andwill be holding two thematic Pennant meetings a year, including Area Commanders,senior officers from each borough, the Metropolitan Police Authority (MPA), and localcommunity members to compare performance around specific issues or powers. 196General principles of good practice:Managers and supervisors should estbalish mechanisms to oversee patrol officers’use of their discretionary decision.sSupervisors should check that officers are using stop and search lawfully, withclear grounding in reasonable suspicion where required by law.Operational decisions should be made taking into consideration potential sentivitiesaround reliance on stop and search powers in ethnic minority communities.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 113
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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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complaints commissions that include
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Civilian oversight can and should d
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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 107 and 108: people were stopped and valuable po
Page 109 and 110: only do so if the measure is determ
Page 111 and 112: Supervision and Oversight of Front-
Page 113: This is not to say that stop forms
Page 117 and 118: UNITED KINGDOM“Know Your Rights
Page 119 and 120: Prior to the ride-alongs, many Hung
Page 121 and 122: General principles of good practice
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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
Page 152 and 153: Take steps to ensure that all parts
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Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
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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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