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

More documents

Recommendations

Info

153. Paul Quinton, Nick Bland, et al. Police Stops, Decision-Making and Practice, London: HomeOffice, 2000.154. The possibility of using data to target operations depends on the quality of the data andwhether it simply reflects historically prejudiced patterns of policing.155. E.J. van der Torre and H.B. Ferwerda, Preventief fouilleren, Een analyse van het proces en deexterne effecten in tien gemeenten (“Preventive searching, an analysis of the process and the externaleffects in ten municipalities”).156. Ibid. During 54 preventive search operations in Amsterdam from November 2002 to March2004, police searched 32,332 individuals and detected 702 weapons, only 15 of which were firearms.The operation cost 11,687 officer hours. Results in Rotterdam were similar: in 50 operations totaling9,124 officer hours, 18,687 searches were carried out that detected 578 weapons, 23 of which werefirearms.157. During the STEPSS project, data collected on stops in Fuenlabrada allowed local police totalk with community members about how stops were being used. It was shown that the majority ofstops over a two month period were being conducted in relation to a counter-terrorism operation.The operation was carried out in conjunction with the national police, as it was considered likelythat there would be another bombing in Madrid due to the concurrence of two events: the trial ofthe March 11, 2006, bombing suspects and the hunger strike of the notable ETA member Inakide Juana Chaos. The counter-terrorism related stops resulted in only one arrest and discussionsin the monthly community meetings made clear the negative impact in the Moroccan community,resulting in the police cancelling the operation.158. European Network Against Racism, Racism in Europe: ENAR Shadow Report 2009–10, Brussels:ENAR, 2011. Available at: http://cms.horus.be/files/99935/MediaArchive/FINAL%20SR%20-%20online%20version%202.pdf.159. European Network Against Racism, “Supplemental Report: Ethnic Profiling in Belgium,”Shadow Report 2009/2010, Brussels: ENAR, 2011. Available at: http://cms.horus.be/files/99935/MediaArchive/20092010%20ENAR%20supplement%20Belgium.pdf.160. Andreas Hieronymus, European Network Against Racism, “Supplemental Report: EthnicProfiling in Germany,” Shadow Report 2009/2010, Brussels: ENAR, 2011. Available at: http://cms.horus.be/files/99935/MediaArchive/ENAR%20Ethnic%20Profiling%20Supplement%20Germany.pdf.161. Laura di Pasquale, European Network Against Racism, “Supplemental Report: Ethnic Profilingin Italy,” Shadow Report 2009/2010, Brussels: ENAR, 2011. Available at: http://cms.horus.be/files/99935/MediaArchive/ENAR%20Ethnic%20Profiling%20Supplement%20Italy.pdf.162. See John Lambert, expert testimony, Revised statistical analysis of the incidence of police stopsand arrests of black drivers/travelers on the New Jersey Turnpike between intersection 1 and 3 from Years1988 through 1991, in the case of State v. Soto, 734 A.2d 350; N.J. Super Ct. Law Div. 1996.163. Ranges established by John Lamberth, US statistician and expert on racial profiling. Seewww.lamberthconsulting.com . Also see: New Jersey v. Soto, 324 N.J. Super. 66, 69, 1996.164. Open Society Justice Initiative, Ethnic Profiling in the Moscow Metro, New York: OSI, 2006.218 NOTES
165. Open Society Justice Initiative, Police et Minorités visibles; les côntroles d’identité a Paris, NewYork: OSI, 2009.166. Home Office Police Research Series Papers 2000, at: http://webarchive.nationalarchives.gov.United Kingdom/20110220105210/http://rds.homeoffice.gov. United Kingdom/rds/policerspubs1.html.167. P.A.J. Waddington, K. Stenson, et al., Disproportionality on police stop and search in Readingand Slough, Thames Valley Police, unpublished, 2002.168. S. Hallsworth and M. McGuire, Examining Stop and Search Patterns in the City of London,London: The Centre for Social Evaluation Research, London Metropolitan University and the Cityof London Police, 2005.169. A Submission from Lambeth Community-Police Consultative Group to the MPA Stop andSearch Scrutiny, London: Lambeth Community-Police Consultation Group, 2005.170. Robert Davis, The Use of Citizen Surveys as a Tool for Police Reform, New York: Vera Instituteof Justice, July 2000.171. European Fundamental Rights Agency, EU-MIDIS Data in Focus 4: Police Stops and Minorities,Vienna: FRA, November 10, 2010.172. Mary Walker, 2007 Traveller/Ethnic Minorities Communities’ Attitudes to the Garda Síochana,Garda Research Unit, Research Report No. 9/07.173. Abigail Kramer, News Brief: City Youth and the NYPD, May 5, 2011, Available at: http://www.newschool.edu/milano/nycaffairs/newsbriefs.aspx#NYPD.174. Home Office Police Research Series Papers 2000, 127–132, at: http://rds.homeoffice.gov.United Kingdom/rds/policerspubs1.html.175. Paul Quinton, Nick Bland, et al. Police Stops, Decision-Making and Practice, Home Office:London, 2000.176. V. Stone and N. Pettigrew, The Views of The Public on Stops and Searches, Home Office: London,2000.177. Centre for the Study of Democracy, Bulgaria; Professor András L. Pap and TÁRKI, Hungary;GEA21, Spain, conducted with the Open Society Justice Initiative. Results on file at the Open SocietyJustice Initiative and comparative analysis available in I Can Stop Whoever I Want: Ethnic Profilingin Bulgaria, Hungary and Spain, New York, Open Society Institute, 2006.178. Open Society Justice Initiative, I Can Stop Whoever I Want: Ethnic Profiling in Bulgaria, Hungaryand Spain, New York, OSI, 2006.179. Migrants Rights Centre Ireland, Singled Out: Exploratory Study on Ethnic Profiling in Irelandand Its Impact on Migrant Workers and Their Families, 2011. Available at: http://www.mrci.ie/media/130129931649_Singled_Out%20EMBARGO%2028%20MARCH.pdf.180. Ibid, at 24.181. Article, “Erklæring: Sandheden bag urolighederne” (Declaration: the truth behind the riots),published under the pseudonym “Boys from Inner Nørrebro,” Politiken, February 18, 2008.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 219
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:
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 145 and 146:
Page 147:
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 170 and 171: General principles of good practice
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
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: 139. For example, European Commissi
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 ...

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?