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

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UNITED KINGDOM“Know your Rights” Mobile ApplicationStudents in South London have developed an application for mobile phones thatprovides guidance on what is supposed to happen during a stop and what peoplecan do if they are unhappy with their treatment. 199 The application is a picture-ledtutorial on the stop-and-search process allowing users to follow a checklist to ensurethat correct procedures are followed. The application can also be used to log theexperience during the stop and search and to make a complaint.A mobile application enables immediate and easy access to guidance for youngpeople who are stopped. The design—done by young people—is accessible andthe application can be downloaded without charge nationally on Android phones.The designers are currently expanding the software compatibility for other makes ofmobile phone.Another approach to enhancing police accountability to local residents is the useof “ride-alongs” and other forms of civilian monitoring. In “ride-alongs,” local residentsaccompany officers on their daily patrols in car or on foot. This enables residents toobserve law enforcement officers directly and improve their understanding of differentoperations. It also requires the officer to consider how his/her work appears in the eyesof a member of the public who may be reporting back to his superiors, or to neighborsand local officials. Regular “ride-alongs” can build understanding and trust betweenminority residents and officers who may have had only limited contact before, as thefollowing example from Hungary indicates.HUNGARYCivilian Monitoring through Police Ride-AlongsIn 2008, as part of the Strategies for Effective Police Stop and Search (STEPSS)project, a team of Roma community representatives observed two police shifts aweek for a period of six months and discussed their observations with police supervisors.The observers received training prior to the ride-alongs and signed confidentiallyagreements. Police officers were given additional guidelines on safety when onpatrol with civilian monitors. The monitors observed all aspects of daily policing,focusing primarily on stops. They had the right to interact with the person beingstopped and record their observations. They observed the reason for stops, who wasbeing stopped, the conduct of the stop, and ensured that stops were being recorded.116 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
Prior to the ride-alongs, many Hungarian officers had little contact with Roma. Theride-alongs provided the opportunity for a frank discussion with Roma communitymembers about patterns of offending, cultural traditions, and related matters. Thisled police to recognize the need for more training and in one pilot site a civilianmonitor led a series of training sessions for police. The civilian monitors also developeda new perspective on the challenges police face and one monitor has sincejoined the police force.Initially, officers voiced safety concerns about the presence of civilians in their vehicles,and reluctance to have an external civilian control. In one pilot site, the monitorswere often kept waiting for several hours before officers would take them on patrol,and when they did go on patrol officers would not conduct ID checks, so there wasnothing to observe. The problem was corrected after an official complaint to thearea commander. Generally, the quality of stops was improved by the presence ofmonitors.Similar measures, designed to provide community representatives with an insidelook at police work, have been used with Muslim communities disproportionatelyaffected by counter-terrorism measures. In the United Kingdom, the Greater ManchesterPolice Airport Division took representatives from the local mosque on a tour throughthe security procedures at the airport after concerns were raised about treatment ofMuslims. They also developed a leaflet explaining counter-terrorism stop powers andrights if stopped in the airport.Civilian monitoring of law enforcement has been undertaken at borders andpoints of entry by NGOs in a number of countries. In Austria, Germany, Hungary, Italy,Poland, and Slovakia, NGOs conduct ad hoc monitoring at airport and land borders tocheck that those stopped and detained have been treated fairly and in compliance withthe law. Monitoring programs have been put in place in airports in France, Italy, and atFrankfurt airport in Germany. It is unclear what impact these programs have had. Inthe case of France, authorities ended the program and further restricted NGOs’ access.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 117
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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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In Ireland and Northern Ireland, po
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These case studies also demonstrate
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Page 141 and 142: NORTHERN IRELANDCreating a More Bal
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Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
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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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