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

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Law enforcement agencies must be sensitive to the impact of potentially controversialevents that can create mistrust or destroy relations. When high-profile arrests,raids, counter-terrorism measures, or other events threaten to upset a particular community,it is important for law enforcement officers to explain their actions, allay fearsand correct misperceptions by providing accurate and timely information.It may be critical to provide such information concurrent with or even prior tothe event. This prevents community leaders from learning of events through potentiallyinaccurate or sensationalist media stories, and puts community leaders in a position toprovide informed opinions to the media and community.As the following case studies indicate, police in Belgium and the Netherlandsmake special efforts to provide information in advance of law enforcement actions thatcould have negative repercussions in specific communities. They explain the basis forthe operation, enabling local leaders to discuss those events in their communities andwith local media. Prior dialogue can identify sensitive issues and explore strategies tomitigate the worst impacts of dramatic events such as counter-terror or immigrationenforcement raids.NETHERLANDSCommunity Policing in AmsterdamAmsterdam’s ongoing community policing approach cultivates contacts withdifferent communities in each neighborhood. Amsterdam police undertake additionaloutreach around controversial events. When the Amsterdam police arresteda well-known Muslim radical, they contacted Muslim community leaders in advanceto explain the basis for the arrest. This information must be provided without jeopardizingthe operation or possible legal actions, but must be provided to the communitybefore it is given to the media. With knowledge of the arrest and its evidentiary basis,local leaders were able to calm any negative reactions in the community. Communicationcan also reduce perceptions that prejudice or discrimination is driving lawenforcement actions.Amsterdam police officials stress that neighborhood police do not only reach out toMuslim communities about terrorism-related matters, but as part of their regularcrime prevention and crime detection work. Dutch counter-terrorism officials emphasizethe importance of neighborhood police for collecting grassroots informationneeded in the fight against terrorism.152 COMMUNITY OUTREACH AND INVOLVEMENT
BELGIUMBrussels North 233Belgian police in Brussels North, an area with residents of 172 different nationalities,are expected to get to know residents and local organizations. Neighborhood inspectorsare expected to know local needs, problems and concerns in the neighborhood.Neighborhood inspectors also have special projects to develop personal contact withyouth and hard to reach groups For example, a school mentoring project works with52 primary schools whose students range from 11 to 12 years old. Volunteer policeofficers serve as mentors to the students, and discuss the role of the police and rightsand responsibilities of citizens.Special projects are organized by the “mediation assistance service,” which hasfive mediation assistants who help police contact the public and support themthrough difficult situations. The mediation assistants also provide public informationsessions; a recent session helped Turkish mothers understand signs that theirchildren may have a drug problem.The police also take care to communicate with communities in advance of particularpolice actions, such as a series of arrests in a drug case, which may cause localcontroversy. They communicate their intentions to a variety of local partners suchas non-profit organizations, local mediators and street educators. The police sharewhat information they can at each stage of the operation: the day before, they will letthem know that warrants have been issued. As the operation proceeds, they releaseadditional information about the basis for the arrest and the operation. The processalso helps track local reactions, and supports further information releases to counterinaccurate rumors.In ethnically diverse communities and communities of recently-arrived immigrants,it is important to make services and information available in the languages thatare used locally. In communities with low literacy rates, it may be necessary to explorecommunication through local radio, or through outreach efforts to schools, communitycenters and places of worship.In the United Kingdom, many forces now have three way radios which allowthem to call a translator if they need to communicate with a non-English speaker. TheStrathclyde Police have a card with over 100 languages written in English and thenational script which allows non-English speakers to point at the relevant language anda translator will be called.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 153
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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
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Research Approaches and Methodologi
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Observational studies were pioneere
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The study revealed that in addition
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esponses, and in some cases, broad
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UNITED STATESAttitudinal Survey of
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UNITED KINGDOMThe Views of the Publ
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NORTHERN IRELANDBeyond the Margins:
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DENMARKMedia Reporting of Police St
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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
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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 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 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
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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 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
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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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