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

in relation to the aim and effects of the measure under consideration, regard beinghad to the principles which normally prevail in democratic societies. A difference oftreatment in the exercise of a right laid down in the Convention must not only pursuea legitimate aim: Article 14 is likewise violated when it is clearly established that thereis no reasonable relationship of proportionality between the means employed and theaim sought to be realised.”24. In Timishev v. Russia, Eur. Ct. Hum. Rts. application nos. 5576/00 and 55974/00, the courtfound a violation of the European Conventions Article 14 taken in conjunction with Article 2 ofProtocol no. 4. Timishev v. Russia, at 59.25. The committee specifically found Spain to be in violation of article 26, read in conjunctionwith article 2(3).26. United Nations Human Rights Committee, 96th session, July 13–31, 2009, Communication1493/2006, at 7.2.27. Belgian Linguistics Case (No. 2), 1 Eur. Ct. Hum. Rts. 252, at 10 (1968). The Eur. Ct. Hum.Rts. has also set out another test for discrimination in cases where equality requires that personsdifferently situated be treated in a different manner (see judgment of Thlimmenos v. Greece [GC],no. 34369/97, at 44, Eur. Ct. Hum. Rts. 2000-IV).28. Eur. Ct. Hum. Rts., Gillan and Quinton v. the United Kingdom, Application no. 4158/05, judgmentof January 12, 2010, at 87.29. Gillan and Quinton v. the United Kingdom, at 85.30. Gillan and Quinton v. the United Kingdom, at 85.31. Commission Recommendation of 06/XI/2006 establishing a common “Practical Handbookfor Border Guards (Schengen Handbook)” at 1.2.32. CERD, General Recommendation No. 30 (Non-Citizens), at 6. CERD has also urged statesto “take the necessary steps to prevent questioning, arrests and searches which are in reality basedsolely on the physical appearance of a person, that person’s colour or features or membership ofa racial or ethnic group, or any profiling which exposes him or her to greater suspicion.” CERD,General Recommendation No. 31 (Administration of the Criminal Justice System), at 20.33. ECRI’s General Policy Recommendation No. 8 on combating racism while fighting terrorism,adopted March 17, 2004.34. R.T. Shuford, “Civil Rights in the Next Millennium: Any way you slice it: Why Racial Profilingis Wrong,” St. Louis University Public Law Review 18 (1999): 371–385, 373.35. American Psychiatric Association (APA), August 9, 2001, letter to the U.S. House of Representativesin support of the End Racial Profiling Act; available at http://www.apa.org/ppo/issues/pracialprof.html.36. Focus groups conducted in 2005 in Madrid, Spain, by GEA21for research published in OpenSociety Justice Initiative, I Can Stop and Search Whoever I Want; Ethnic Profiling by Police in Bulgaria,Hungary, and Spain, New York and Budapest: Open Society Institute, 2006.37. Ibid.208 NOTES