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

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AUSTRIAAirport Monitoring of Asylum ProceduresThe UNHCR carries out at least two monitoring visits per year to Vienna airport toensure that legal standards are respected in handling asylum requests. The UNHCRexamines whether those individuals who wish to seek asylum have adequate accessto the correct procedures, and looks at the conditions and treatment of asylumseekers. At the airport, UNHCR officials meet with border guards, border controlpolice, and alien police, and examine their files. They check the nationality, age, andgender of the asylum seeker, and whether there was a translator present. All thisserves to ensure that aliens in need of international protection are identified andthat refoulement does not take place. 200 UNHCR officials also visit the rejection zone(where individuals are detained for a short period of time prior to being returned onthe next flight back to the country they departed from) and occasionally accompanyborder officials conducting checks onboard airplanes.FRANCEMonitoring Treatment of Persons Awaiting Deportation at AirportsIn France, UNCHR and a coalition of non-governmental organizations are authorizedto visit airport and port waiting zones in order to provide assistance and monitorrespect for rights. The waiting zones are where foreigners who are not admittedto French territory are held. This primarily occurs at Charles de Gaulle Airport. 201Based on these visits and a telephone call line, the NGOs document the treatmentof foreigners and whether their rights are respected. In practice, they report that theborder police have a highly restricted interpretation of the authorization to visit thewaiting zones and limit their access to the zones and the individuals detained there.A significant problem is the lack of access to further areas where border controls takeplace (such as checks that sometimes take place immediately on disembarking theplane, and the border checks areas and offices). 202 This prevents any assessment ofwhether ethnic profiling takes place during border controls.118 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
General principles of good practice in enhancing police accountability and transparency:Information should be provided routinely to civilians regarding law enforcementpowers and individuals’ rights and responsibilities during contacts with lawenforcement.Information should be presented in an accessible manner and in appropriatelanguages for different communities.Law enforcement should welcome and support voluntary contacts with civilians,such as ride-alongs and public forums, which demonstrate commitment to transparencyand community oversight.Civilian monitors, NGOs, and/or international organizations should be given thenecessary access to effectively monitor checks and controls at borders and pointsof entry.Improving the Quality of the Police-civilian EncounterBritish research has shown that people care deeply about how they are treated whenstopped by police and whether the officer explained the reason for the stop. 203 The qualityof the stop affects people’s attitudes towards stop and search and towards the policemore broadly. This section examines the quality of police stops and the steps that canbe taken to improve the quality of encounters between police and civilians.It is challenging to establish objective measures of stop quality, but studies haveassessed how long stops take, how often they lead to searches, the rate at which theylead to an arrest or other law enforcement action, and use of force (such as handcuffs orphysical restraints). For example, a study of traffic stops in Las Vegas, Nevada, showedthat black and Latino people were more likely to be handcuffed and held for longerperiods of time during stops than were whites. 204The negative impacts of being repeatedly stopped by the police are significantlydiminished if the officer’s conduct is professional and respectful. Being provided with areason for the stop increases the level of satisfaction with the encounter. Ensuring thatpolice officers are courteous and informative is a simple, low-tech way to improve theinteraction between police and civilians. Difficulties in addressing the quality of stopsarise from officers’ sometimes limited communication skills, inability to articulate thereason for the action, and in some cases the need to overcome built-up hostilities withinsections of the community. The following case study explains the legal requirementsand guidance on explaining stops in the United Kingdom.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 119
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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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NETHERLANDSNational OmbudsmanThe Du
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Page 82 and 83: UNITED KINGDOMMerseyside Police Rev
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Page 88 and 89: Research Approaches and Methodologi
Page 90 and 91: Observational studies were pioneere
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Page 102 and 103: DENMARKMedia Reporting of Police St
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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: Prior to the ride-alongs, many Hung
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Page 125: GREECEProhibition of Racist Languag
Page 128 and 129: This handbook recommends that law e
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 158 and 159: variety of individuals with “life
Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
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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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