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

More documents

Recommendations

Info

various responsibilities, including: setting policy, training, resource deployment, supervision,and street patrol, among others. Audits should use a range of quantitative andqualitative data, and examine the actual behavior of officers, not just policy standards.The 1999 report into the police killing of Stephen Lawrence and subsequentinvestigation uncovered the existence of “institutional racism” in the British police. 222The term has been controversial, but it illustrates the fact that discriminatory policingpractices have multiple roots and manifestations, and that a thorough effort to identifyand address these dynamics requires a broad assessment of institutional standardsand practices. The primary tool for such assessment is a policy audit. Policy auditsmay examine an institution across the board, or may target particular areas identifiedas problematic.Audits have been used to address ethnic profiling in the United Kingdom andCanada, specifically to review the use of stop-and-search powers. 223 The Northern IrelandPolice Service (PSNI) is required to consult on the impact of all changes to policy;policies found to have a disproportionate impact on specific communities have beenamended as a result. In the Netherlands, the Amsterdam Police contracted independentauditors to examine the organization and its work. One of the auditors focused onthe information and preconceptions that drive police choices about interventions. Thisresearcher conducted a follow-up qualitative study involving interviews with between50 and 60 police officers about their rationale for deciding who to stop and search. TheRomanian Police Strategic Initiative developed a model for the assessment of policingof the Roma. 224The following case study describes the “practice-oriented package” designed bythe British Home Office specifically to audit disproportionate stop and search.UNITED KINGDOMPractice Orientated Package and Next Steps 225The Practice Orientated Package (POP) was developed to determine the reasonsfor the ethnically and racially disproportionate use of stops and searches across theUnited Kingdom. The POP audit process analyzed stop data, consulted with communitygroups, conducted seminars with senior and operational officers, examined theintelligence used to target stop-and-search activity, and attempted to determinecauses of disproportionality in stops and searches.The audit required police services to examine where and why disproportionality wasarising, and to involve local communities in the discussion. Twelve forces in England136 CHANGING INSTITUTIONAL CULTURE
and Wales have used the package. Most have seen a reduction in levels of disproportionalityafter acting on assessments that showed poor management of intelligence,poor communication of that intelligence to front line officers, and lack oflocal accountability.In response to the sporadic application of the POP package, the National PolicingImprovement Agency (NPIA) developed a new diagnostic tool, “Next Steps.” NextSteps encourages appropriate and effective use of the stop-and-search power whileexposing inappropriate, ineffective use of the power, particularly when it is havinga detrimental impact on community confidence. Next Steps identifies key buildingblocks for the effective use of stops and searches:• Accurate local data• Informed and responsive tasking• Effective briefing• Good quality encounters• Effective communication with local communities• Stops and Searches are based on “reasonable grounds” that would satisfyan objective observerThe NPIA has piloted the Next Steps diagnostic tool in three forces: the MetropolitanPolice Service, the Merseyside Police, and the Dorset Police. The tool will thenbe revised and rolled out nationally. There are initial concerns that Next Steps doesnot include any community involvement in the evaluation of police activity and thatfindings will only be shared with the police force and not made public. There is noexternal evaluation planned to determine how effective and robust the Next Steps isas a tool, and as the NPIA has no power of enforcement problems identified duringthe audit can simply be ignored by police forces if they wish.General principles of good practice in conducting policy audits:Policy audits should use multiple information sources—both internal and external.A policy audit will have greater public legitimacy if it includes non-law enforcementpersons from minority communities.The audit process must be open and transparent and results of policy auditsshould be made public and discussed with all stakeholders.Policy audits must be followed up with concrete actions on key recommendationsin budgets, legislative action, and through the assignment of personnel or otherresources as necessary.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 137
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 and 124: UNITED KINGDOMMonitoring the Qualit
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: VIII. Changing Institutional Cultur
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 185 and 186: Fuenlabrada, Spain Stop FormREDUCIN
Page 189 and 190:
REDUCING ETHNIC PROFILING IN THE EU
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 ...

Create successful ePaper yourself

Delete template?

Save as template?