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

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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
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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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UNITED KINGDOM / NORTHERN IRELANDNo
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DENMARKThe Danish Institute of Huma
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• the impact of race• the use o
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UNITED KINGDOMThe Communities and L
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used, such as those described below
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passengers at borders, although the
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UNITED KINGDOMMerseyside Police Rev
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Reducing Ethnic Profiling and Impro
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As the above examples indicate, dat
Page 88 and 89: Research Approaches and Methodologi
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Page 92 and 93: The study revealed that in addition
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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
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Page 107 and 108: people were stopped and valuable po
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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
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Page 185 and 186: Fuenlabrada, Spain Stop FormREDUCIN
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REDUCING ETHNIC PROFILING IN THE EU
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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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