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

More documents

Recommendations

Info

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
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:
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 and 220: 139. For example, European Commissi
Page 221: 165. Open Society Justice Initiativ
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?