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

More documents

Recommendations

Info

West Yorkshire Constabulary in the United Kingdom has established stop-andsearchscrutiny panels to assess the quality of stops through regular meetings duringwhich they examine anonymously completed stop forms, the powers used, reason forthe stop, quality of the officer’s recording, and other factors.Several training programs specifically designed to address the quality of stopshave been developed. Some include role-playing exercises, and even work with theatrecompanies to dramatize stop-and-search encounters. For example, in Sweden thedistrict of Soedertoern’s diversity project “Give and Take Every Day” aims to improvepolice encounters with youth—primarily in areas with large ethnic minority populations—throughtraining for officers including role playing and dialogue groups. Otherapproaches involve joint training sessions with police and minority groups that exploreeach group’s experience of being stopped or of conducting a stop.In response to problems with officers’ using racist and inappropriate language, anumber of law enforcement bodies have introduced specific standards and guidance forofficers on correct and incorrect forms of address and language to use with membersof the public. The guidelines can improve the quality of law enforcement encounterswith civilians. The following case studies document two different efforts to regulate andimprove the way officers speak to the public.AUSTRIACourteous Forms of AddressAustrian legislation contains guidelines on the manner in which police shouldaddress members of the public. Paragraph 5(2) of the Guidelines Regulation stipulatesthat: “The public security organs shall use the formal term of address (“Sie”) inrespect of all persons who are usually addressed or demand to be addressed in sucha manner.” Furthermore, the Ministry of the Interior has issued a decree on the useof language by law enforcement officials to prevent the impression of discriminatory,humiliating, degrading or prejudiced treatment. The Decree of August 7, 2002 statesthat “the reputation and acceptance by the population, as well as ultimately the efficiencyin complying with the tasks of the security services depends largely on howthe law-enforcement staff deals with other persons and, in particular, with persons offoreign origin and members of groups exposed to discrimination. It is indispensableto professional conduct that every member of the security services uses language andexpressions that avoid any impression of discriminatory, degrading, humiliating orprejudiced procedures or prevent any impression that such motives form the basisfor the action.” 207122 STRATEGIES FOR REDUCING ETHNIC DISPROPORTIONALITY
GREECEProhibition of Racist LanguageIn May 2006, the Chief of the Hellenic Police (the Greek national police force) issueda circular entitled “Combating racism, xenophobia, bigotry and intolerance in thecourse of police action.” This circular emphasized that respect for the diversity ofreligious beliefs, ways of life, and cultural features of all people without exceptionconstitutes a basic obligation of law enforcement officials. It stressed the obligationof police authorities to investigate a possible racist motive in criminal and administrativecases where immigrants or vulnerable groups are involved. In April 2004,the Hellenic Police headquarters sent a circular to all police agencies indicating that:“when there is a need to identify a member of the vulnerable group of Roma, in correspondence,written and oral statements of the Agencies and your staff, you make useexclusively of the international terms Rom (Roma) or of the term gypsy [tsiganos inGreek]. The use of derogatory terms, like ’athigganos’ etc. is not allowed.”General principles of good practice in improving the quality of police-civilian encounters:Officers should be required to inform people they stop and search of the reasonsfor the action, and provide information on how to make a complaint.Officers should be required to be polite and be prohibited from the use of anyracial, ethnic or other slurs.Mechanisms to obtain community consultation to obtain feedback on the qualityof encounters should be created.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 123
Page 1:
OPEN SOCIETY JUSTICE INITIATIVERedu
Page 6 and 7:
described in this report. The case
Page 9 and 10:
List of Case StudiesThe case studie
Page 11 and 12:
UNITED KINGDOMAUSTRIA/BELGIUM/BULGA
Page 13:
UNITED KINGDOMUNITED KINGDOMNETHERL
Page 16 and 17:
The United Nations, the Council of
Page 19 and 20:
I. Ethnic Profiling DefinedA Compre
Page 21 and 22:
The use by the police, with no obje
Page 23 and 24:
explicitly on their membership in a
Page 25 and 26:
of the persons subjected thereto sh
Page 27 and 28:
The impact of ethnic profiling on c
Page 29 and 30:
of the ethnic minorities disproport
Page 31 and 32:
II. A Holistic Approachto Reducing
Page 33 and 34:
Law enforcement agencies are accoun
Page 35 and 36:
III. Legal Standards andInstitution
Page 37 and 38:
Criminal and Administrative Legal R
Page 39 and 40:
ImmigrationThe Equality Act covers
Page 41 and 42:
FRANCEObligation of Non-Discriminat
Page 43 and 44:
General principles of good practice
Page 45 and 46:
UNITED KINGDOMPolice and Criminal E
Page 47 and 48:
has lasted for an hour, the examini
Page 49 and 50:
In order to conduct a check using a
Page 51 and 52:
the person could pose a threat to p
Page 53 and 54:
Improving law enforcement relations
Page 55:
IRELANDPolicing Plan 2008The Garda
Page 58 and 59:
officer misconduct more than patter
Page 60 and 61:
complaints commissions that include
Page 62 and 63:
Civilian oversight can and should d
Page 64 and 65:
In Ireland and Northern Ireland, po
Page 66 and 67:
These case studies also demonstrate
Page 68 and 69:
NETHERLANDSNational OmbudsmanThe Du
Page 70 and 71:
UNITED KINGDOM / NORTHERN IRELANDNo
Page 72 and 73:
DENMARKThe Danish Institute of Huma
Page 74 and 75: • the impact of race• the use o
Page 76 and 77: UNITED KINGDOMThe Communities and L
Page 78 and 79: used, such as those described below
Page 80 and 81: passengers at borders, although the
Page 82 and 83: UNITED KINGDOMMerseyside Police Rev
Page 84 and 85: Reducing Ethnic Profiling and Impro
Page 86 and 87: As the above examples indicate, dat
Page 88 and 89: Research Approaches and Methodologi
Page 90 and 91: Observational studies were pioneere
Page 92 and 93: The study revealed that in addition
Page 94 and 95: esponses, and in some cases, broad
Page 96 and 97: UNITED STATESAttitudinal Survey of
Page 98 and 99: UNITED KINGDOMThe Views of the Publ
Page 100 and 101: NORTHERN IRELANDBeyond the Margins:
Page 102 and 103: DENMARKMedia Reporting of Police St
Page 105 and 106: VI. Strategies for Reducing EthnicD
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 and 114: This is not to say that stop forms
Page 115 and 116: • Recording of self-defined ethni
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
Page 123: UNITED KINGDOMMonitoring the Qualit
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
Page 139 and 140: and Wales have used the package. Mo
Page 141 and 142: NORTHERN IRELANDCreating a More Bal
Page 143 and 144: Moroccan man. Another minority offi
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
Page 154 and 155: Law enforcement agencies must be se
Page 156 and 157: A large number of Polish migrants h
Page 158 and 159: variety of individuals with “life
Page 160 and 161: UNITED KINGDOMCommunity Stop and Se
Page 162 and 163: their needs, and problems, and hear
Page 164 and 165: to travel as far as Liverpool to ac
Page 166 and 167: The strategy includes multiple init
Page 168 and 169: The website provides an interactive
Page 173 and 174: Appendix A:Sample Stop Forms171
Page 175 and 176:
REDUCING ETHNIC PROFILING IN THE EU
Page 177 and 178:
Page 179 and 180:
Page 181 and 182:
Page 183 and 184:
Page 185 and 186:
Fuenlabrada, Spain Stop FormREDUCIN
Page 187 and 188:
Page 189 and 190:
Page 191:
West Yorkshire Police Stop ReceiptR
Page 194 and 195:
Covenant rights that are especially
Page 196 and 197:
• Necessity: The use of ethnic pr
Page 198 and 199:
The clear risk of arbitrariness in
Page 200 and 201:
The Committee considers that identi
Page 202 and 203:
adopted on June 29, 2007, CRI/Counc
Page 204 and 205:
European Union Fundamental Rights A
Page 207 and 208:
Notes1. Rebekah Delsol, Open Societ
Page 209 and 210:
13. A report of MI5’s behavioral
Page 211 and 212:
38. From the email text sent by Tem
Page 213 and 214:
57. R. Davis and P. Mateu-Gelabert,
Page 215 and 216:
88. Gillan and Quinton v. United Ki
Page 217 and 218:
Ireland). Of the total number of co
Page 219 and 220:
139. For example, European Commissi
Page 221 and 222:
165. Open Society Justice Initiativ
Page 223 and 224:
197. These can be found at: http://
Page 225 and 226:
230. More information can be found
Page 227 and 228:
266. To undertake this kind of anal
Page 229 and 230:
279. In Rosalind Williams, Spanish
Page 232:
Ethnic profiling by police in Europ
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?