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

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215. See http://www.notanotherdrop.com/NAD/Welcome.html.216. Case study based on interviews conducted in September 2008.217. ACPO National Communities Tension Team, Community Bulletin September 2007. HampshirePolice Authority, Community Affairs Committee, Exercise Nicole Feedback, November 4,2008, http://www.hampshirepoliceauthority.org/item_8_-_exercise_nicole_feedback.doc.218. Case study based on interviews conducted in September 2008 and May 2011.219. Justice Initiative interview with Colin Melis, Amsterdam Information House, December2008; Justice Initiative interview with Pieter Jan van Slooten, Amsterdam Information House,August 2009 and June 1, 2010.220. Youssif Meah and Collin Mellis, Recognising and Responding to Radicalisation: Considerationsfor Policy and Practice Through the Eyes of Street Level Workers, EU Record project, at 30–31.221. Justice Initiative interview with two Expert Advisors on Islam, Belgian Federal Police, May10, 2010.222. S.W. Macpherson, The Stephen Lawrence Inquiry, London: The Stationary Office CM 4262-I,1999.223. For other examples of policy audits aimed at addressing police discrimination please see:the London Metropolitan Police Service introduced Operation Pennant, above at Section 4, b. TheOpen Society Justice Initiative’s STEPSS project included a policy audit of existing legislation, policy,practice and training with regards to the use of police powers to check IDs, and conduct stopand search in Bulgaria, Hungary, and Spain. See Open Society Justice Initiative, Addressing EthnicProfiling by the Police: A Report on the Strategies for Effective Police Stop and Search (STEPSS) Project,New York and Budapest: OSI, 2008.224. See http://www.europeandialogue.org.225. A basic description of the Practice Orientated Package and force questionnaire can be foundat: http://police.homeoffice.gov.United Kingdom/publications/operational-policing/PACE-SSAT-POP.pdf?view=Binary. Also see http://police.homeoffice.gov.United Kingdom/news-and publications/publication/operational-policing/PACE-SSAT-POP.pdf.226. New research in the United States indicates that workforce diversity in American policedepartments has an impact on racial profiling only when black and Latino officers reach the topranks in the department. A diverse workforce with officers of color concentrated at the level of sergeantand below has no impact in reducing racial profiling. Findings presented by Philip Atiba Goffof the Consortium for Police Leadership in Equity (CPLE) at a roundtable in New York, October 26and 27, 2010. Paper forthcoming following peer review.227. According to the Dutch Office of Statistics, on January 1, 2007 there were 1,601,194 firstgeneration migrants and 1,569,212 second generation migrants. The Netherlands has a total populationof 16,357,992. In ENAR Shadow Report 2007, “Racism in the Netherlands,” at 7, available at:http://cms.horus.be/files/ 99935/MediaArchive/pdf/ en/Netherlands%20-%20SR%202007.pdf.228. Justice Initiative interviews with Belgium minority police officers, October 2008.229. Justice Initiative interviews with Dutch police working in the field of diversity and minoritypolice officers, May 2008.222 NOTES
230. More information can be found at: http://www.nbpa.co.United Kingdom/home/index.php/en/.231. More information can be found at: http://www.met.police.United Kingdom/links/muslim_police.htm.232. Justice Initiative interviews with Gardai, Bray, Ireland, June 2008.233. Justice Initiative with Commissaire de Police Theo Van Gasse, October 2008.234. Language from the Law: The Cardiff E.S.O.L. Police Project, information available at: http://citiesofmigration.ca/good_idea/language-from-the-law-the-cardiff-esol-english-for-speakers-ofother-language-police-project/;and http://glanhafren.ac.UnitedKingdom/about_us/news_and_events/?n_id=306&type=news&ref=news_archive&year=2011&month=04.235. Case study based on interview in June 2008.236. PACE Code of Practice A.237. The membership of the MSF includes leading community-based British Muslim organizations,and through its affiliated network of members it communicates with hundreds of Islamicorganizations both nationally and locally.238. Sue Adamson and Bankole Cole, Evaluation of the West Yorkshire Police Community ScrutinyPanels (Stop and Search) Final Report, University of Hull, 2007.239. Ipswich and Suffolk Council for Racial Equality, Stop and Search in Ipswich, Suffolk: ISCRE,2008. Available at: http://www.wmsadmin.co.UnitedKingdom/iscre/system/filelibrary/Criminal%20Justice_11/StopSearchIpswich.pdf.240. Justice Initiative attendance at a meeting of the North Central Divisional Forum June11, 2008; interview with Inspector Mary Gormley, June 2008 and numerous representatives ofnon-governmental organizations, June 2008.241. Case study based on visit in June 2008.242. K. Derfoufi, “Schedule 7—The Need for Greater Accountability,” in K. Sveinsson (ed.), EthnicProfiling: The Use of “Race” in United Kingdom Law Enforcement, London: Runnymede Trust, 2010.Recent data on the numbers and outcomes of Schedule 7 were obtained through a Freedom ofInformation request. Please see: Vikram Dodd, “Asian people 42 times more likely to be held underterror law,” The Guardian, May 23, 2011.243. Case study based on interviews in June 2008 and September 2010.244. Case study based on interviews in June 2008.245. See Strathclyde Police: http://www.strathclyde.police.United Kingdom/index.asp?docID=4189.246. Web address: www.faircop.org, Twitter feed: @fair_cop.247. Justice Initiative interviews with Travellers, June 2008; Caroline Keane, Pavee Point Travellers’Centre, June 2008; Finglas Gardai, June 2008.248. The MCU operates under the Counter-Terrorism Command of the London MPS. The unithas eight counter-terrorism police officers, including Muslims and non-Muslims.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 223
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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
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Page 185 and 186: Fuenlabrada, Spain Stop FormREDUCIN
Page 191: West Yorkshire Police Stop ReceiptR
Page 194 and 195: Covenant rights that are especially
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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,
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
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Page 223: 197. These can be found at: http://
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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