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

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their needs, and problems, and hear about what the police are doing. These vary considerablyin attendance and quality. The most interesting is the Dublin North CentralDivisional Forum.IRELANDDublin North Central Divisional Forum with New Communities 240Eighteen percent of the population of Dublin North Central is comprised of ethnicminorities, including many recent migrants. The Dublin North Central DivisionalForum engages with new communities and ethnic minorities, and works closely withcommunity representatives in setting agendas and all procedures.The Store Street Garda station, which organizes the meetings, makes considerableefforts to inform and engage different segments of new communities. It contactsnon-governmental organizations and community representatives and posts publicinformation about meetings. Community Gardai are asked to invite individuals fromtheir local beats to meetings. Following the lead of the local Chief Superintendent,the local Gardai, especially the community Gardai, take these meetings seriously andattend in substantial numbers.Forum discussions cover a wide range of issues such as crime, the environment,housing, traffic. The Gardai inform community members about their actions relatingto diversity, such as follow up on complaints of racially motivated crime, andresponses to problems raised by community members. Community members alsocomment on Gardai actions.Examples of good practice also exist in the use of community consultation inhighly sensitive counter-terrorism situations. In Scotland, the Strathclyde Police have anon-going structure of “community advisors” whom they called to assist the law enforcementresponse when terrorists bombed Glasgow airport in June 2007.160 COMMUNITY OUTREACH AND INVOLVEMENT
UNITED KINGDOMStrathclyde Police’s Counter-Terrorism Community Consultation 241The Strathclyde Police has some 38 independent and/or “community advisors,”recruited from different religious, cultural, ethnic, and lifestyle backgrounds whoprovide strategic or tactical advice on community issues. They also comment onpolicy and assist in operational matters where specialized knowledge is required.Advisors are vetted to the same standard as a police officer.Immediately after the June 2007 terrorist attack on Glasgow airport, StrathclydePolice invited community advisors into the police headquarters to follow eventsand receive regular operational briefings. The group met for four days following theincident, and reviewed all the press releases and the statement issued by the chiefconstable. The advisors were able to feed the communities concerns into the processand provide opinions on the appropriate approaches.An immediate concern was the need for public reassurance. For Muslim communities,this involved safety from both terrorist threats and possible hate crimes.Community advisors encouraged police to conduct highly visible patrols in ethnicminority neighborhoods and places of worship. Advisors participated in some patrolsand facilitated exchange of information between the community and the police.The advisors also participated in operational decision-making. In the days followingthe attack, it emerged that a vehicle belonging to one of the suspects was parkedoutside the Forth Street Mosque in the city. The advisors worked with the police andMosque Committee to negotiate appropriate access. The police waited until prayershad finished before carrying out “controlled disruptions” and forensic investigations.The police were careful in their media statements to make clear that there were nolinks between the mosque and the vehicle.Community consultation presents particular challenges in immigration or bordercontrols where there is no “community” per se. Nonetheless, consultation is possible,as demonstrated by the case studies of consultation by the Greater Manchester Policein Manchester Airport, the National Accountability Board for Schedule 7 anti-terrorismstops in airports and the United Kingdom Border Authority.The United Kingdom Borders Agency (UKBA) holds regular consultations or“stakeholder meetings” with local community organizations, NGOs, lawyers, and otherinterest groups. Previous meetings in Belfast highlighted difficulties in accessing immigrationservices as there is no UKBA office in Northern Ireland, forcing immigrantsREDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 161
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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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VI. Strategies for Reducing EthnicD
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people were stopped and valuable po
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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 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 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
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
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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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