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

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182. Stop and search zones are established by the District Commissioners of the Police. Theauthorization must be established in writing stating a reason for the zone, the geographic areato be covered, and the duration of the zone. There is no time limit on how long the zones can beextended.183. Between September 15, 2008 and January 15, 2010, 9,887 individuals were searched a totalof 17,977 times in the stop and search zones. Among those searched were 120 nationalities, andonly 697 women. One person was searched 31 times, and the oldest person searched was 81 yearsof age. Searches detected 1,064 violations of the law, including 309 weapons, from 18,000 totalsearches. At http://politiken.dk/indland/ECE882398/18000-visitationer-gav-300-vaaben/.184. See: http://politiken.dk/indland/ECE882398/18000-visitationer-gav-300-vaaben/. The 20percent includes white non-Danes such as Norwegians and Swedes. The actual number of visibleminorities may be higher as Statistics Denmark only counts the descendants of immigrants whenboth parents have retained citizenship. See: http://politiken.dk/indland/ECE883053/racismecenter-vil-undersoege-visitationer/.185. See: http://www.cphpost.dk/news/crime/155-crime/46646-norrebro-riots.html; http://www.cphpost.dk/news/crime/155-crime/46662-random-searches-net-one-weapon.html.186. Number of searches increase with poor results: http://sverigesradio.se/sida/gruppsida.aspx?programid=3182&grupp=9495&artikel=3413240.187. European Network of Independent Experts on Fundamental Rights, Ethnic Profiling, CRF–CDF.Opinion4-2006.188. David Harris, Profiles in Injustice; Why Racial Profiling Cannot Work, New York, The NewPress, 2002, and U.S. Customs Service, Personal Searches of Air Passengers Results: Positive and Negative,Fiscal Year 1998, U.S. Customs Service.189. National Intelligence Model, at http://police.homeoffice.gov.United Kingdom/ publications/operational-policing/nim-introduction; Association of Chief Police Officers, ACPO, 2005 Guidanceon the National Intelligence Model, at http://www.acpo.police.United Kingdom/ asp/policies/Data/nim2005.pdf.190. R. Davis and P. Mateu-Gelabert, Respectful and Effective Policing: Two Examples in the SouthBronx, New York: Vera Institute, March 1999.191. See Open Society Justice Initiative, Addressing Ethnic Profiling by the Police: A Report on theStrategies for Effective Police Stop and Search (STEPSS) Project, New York: OSI, 2009.192. Police And Criminal Evidence Act 1984, Code of Practice A 2011: at 5.1.193. Case study based on visit to the Hertfordshire Constabulary in April 2008 and interview inSeptember 2010.194. Ministry of Justice, Statistics on Race and the Criminal Justice System—2006/7, London: Ministryof Justice, 2008.195. Case study based on interviews in April 2008, September 2010, and May 2011.196. At the time of writing, the MPS was reviewing stop and search practices but had notannounced the results of the review or actions to be taken.220 NOTES
197. These can be found at: http://www.mpa.gov.United Kingdom/downloads/issues/stop-search/english07.pdf.198. www.mpa.gov.United Kingdom/issues/stop-search/go-wisely.htm.199. Information available at: http://www.streathamguardian.co.UnitedKingdom/news/8185732.Mobile_phone_app_to_diffuse_stop_and_search_tension/.200. The principle of non-refoulement is enshrined in international refugee law. The 1951 RefugeeConvention states that “no refugee should be returned to any country where he or she is likely toface persecution or torture.”201. Most asylum requests are made from the Roissy airport. In 2006 about 96 percent of asylumrequests made at French borders were made at this airport, http://www.anafe.org/index.php.202. Association nationale d’assistance aux frontières pour les étrangers / ANAFE, Une Franceinaccessible: Rapport de visites en aerogares zone d’attente de Roissy-Charles de Gaulle, Paris : ANAFE,December 2007.203. 1990 Trust, Stop and Search: The Views and Experiences of Black Communities on Complainingto the Police, London: Metropolitan Police Authority, 2004. S. Havis and D. Best, Stop and SearchComplaints (2000–2001), London: Police Complaints Authority, 2004.204. R.C. McCorkle, A.B. 500 Traffic Stop Data Collection Study—A summary of Findings, Las Vegas:Office of the Attorney General of the State of Nevada, 2003.205. Police and Criminal Evidence Act 1984 (PACE) 2011 version.206. Case study based on visit to the Hertfordshire Constabulary in April 2008 and interview inSeptember 2010, and Suffolk Constabulary in May 2011.207. Erlass des BMI, Generaldirektion für die öffentliche Sicherheit vom 07.08.2002, GZ19.038/237-GD/01, betreffend Sprachgebrauch in der Exekutive.208. Assessing the impact of training requires that the specific skills imparted and impacts thatthey should have on behaviors be clearly identified and tracked through performance measures thatcapture these elements. Changes in the performance indicators can only be assessed when theycan be compared to the prior data tracking the same indicators, which is not always available. Inpractice, assessing training can be complex and costly, and results often beg questions as to whethera causal relation can be drawn with any confidence between the training and the observed change.209. F. Dobbin, A. Kalev, and E. Kelly, “Best Practices or Best Guesses? Diversity Managementand Remediation of Inequality,” American Sociological Review 71, 2006, at 589–617.210. F. Dobbin, A. Kalev, and E. Kelly, Best Practices or Best Guesses?211. The Rotterdam Charter (Rotterdam, October 1997) also provides key principles on the trainingof police officers. Available at http://www.rotterdamcharter.nl/read/2465.212. Open Society Justice Initiative, Addressing Ethnic Profiling by the Police: A Report on theStrategies for Effective Police Stop and Search (STEPSS) Project, New York: OSI, 2009.213. Justice Initiative interview with Paul Gademan, Project Coordinator, Diversity Unit, Amsterdampolice, May 5, 2008. Updated with Ingrid Bakker, Amsterdam Police, September 12, 2008.214. See http://www.secondwave.org.United Kingdom/.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 221
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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
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Supervision and Oversight of Front-
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This is not to say that stop forms
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• Recording of self-defined ethni
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UNITED KINGDOM“Know Your Rights
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Prior to the ride-alongs, many Hung
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UNITED KINGDOMMonitoring the Qualit
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GREECEProhibition of Racist Languag
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This handbook recommends that law e
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Where possible, training should inc
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SWEDENPolice and Youth Sharing Expe
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Training in the Counter-radicalizat
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VIII. Changing Institutional Cultur
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and Wales have used the package. Mo
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NORTHERN IRELANDCreating a More Bal
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Moroccan man. Another minority offi
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other characteristics or values. Co
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Take steps to ensure that all parts
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Law enforcement agencies must be se
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A large number of Polish migrants h
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variety of individuals with “life
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UNITED KINGDOMCommunity Stop and Se
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their needs, and problems, and hear
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to travel as far as Liverpool to ac
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The strategy includes multiple init
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The website provides an interactive
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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
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Page 213 and 214: 57. R. Davis and P. Mateu-Gelabert,
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Page 217 and 218: Ireland). Of the total number of co
Page 219 and 220: 139. For example, European Commissi
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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
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