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

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Non-discrimination obligations should cover all law enforcement officials, includingpolicing anti-terrorism, customs and immigration functions.Laws and regulations governing the actions of all law enforcement officers mustbe in accordance with non-discrimination standards and must be consistent andcoherent;An explicit prohibition of discrimination, covering both direct and indirect discrimination,should be included in all relevant legislation governing law enforcementinterventions;Legislation should create positive obligations on law enforcement authorities toaddress discriminatory practices and ensure equal law enforcement outcomes;Legal standards should support judicial remedies and public reporting on stepstaken to meet positive obligations to advance equal treatment.Codes of ConductLegal prohibitions and requirements need to be supported by clear operational guidanceon how to use law enforcement powers in a fair and neutral manner. Most importantly,guidance should explicitly prohibit the use of ethnicity, religion, and national originin targeting persons for suspicion and include the requirement that law enforcementofficers base their decisions on reasonable suspicion.General principles of non-discrimination for law enforcement officers are oftenset out in codes of conduct. Breaches of these codes of conduct provide grounds forinternal investigations and administrative discipline.The French National Police Code of Conduct discussed below applies to immigrationand anti-terrorism services as well as domestic police. The Northern Irish andAustrian codes set out similar standards. As noted in several of the case studies, codesof conduct are not always rigorously enforced. The failure to enforce non-discriminationstandards set out in the organizations’ own regulations sends a powerful and damagingmessage about institutional values.38 LEGAL STANDARDS AND INSTITUTIONAL POLICIES TO ADDRESS ETHNIC PROFILING
FRANCEObligation of Non-Discrimination in the National Police Code of ConductThe French National Police Code of Conduct prohibits discrimination and calls forpolite and respectful treatment of the public. The code applies to all French lawenforcement officials, including immigration and counter-terrorism functions. Article7 states that:[I]n the service of the public, police officials are to behave towards thepublic in an exemplary manner. They are to demonstrate an absoluterespect of all persons, whatever their nationality or their origin, theirsocial situation or their political, religious or philosophical beliefs.Periodic written updates remind law enforcement officials of their non-discriminationobligation, but do not provide specific and practical guidance on proper conduct.Article 6 of the Code of Conduct says that: “Failure to meet the obligations set out inthis Code can result in disciplinary sanctions for officers, without prejudice, whererelevant, to penal law sanctions.” Officers may be subject to internal administrativedisciplinary procedures or judicial procedures. Individuals may also complain to theNational Commission on Police Ethics (Commission Nationale de la Déontologie dela Sécurité or CNDS, an independent police complaints body which in 2011 was amalgamatedinto a national rights defenders’ office, described further in Chapter IV).In 2009, the CNDS issued a decision highlighting the challenges of holding officersresponsible for discriminatory identity checks. French police authorities stated thatthey could not identify the officers involved in a particular case involving charges ofpolice discrimination, to which the CNDS responded that:[I]t defies understanding that it should be so difficult to identify lawenforcement officers when we know the time and place of their actions,yet there is no report made at the time the facts took place (as is usuallythe case where an identity check has no further follow up). This difficultyprevents all challenges. It also precludes measurement of thefrequency of inappropriate practices, with the consequent risk that allofficers are seen as behaving improperly when this may only be the casein isolated instances. 68REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 39
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Page 6 and 7: described in this report. The case
Page 9 and 10: List of Case StudiesThe case studie
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Page 16 and 17: The United Nations, the Council of
Page 19 and 20: I. Ethnic Profiling DefinedA Compre
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Page 29 and 30: of the ethnic minorities disproport
Page 31 and 32: II. A Holistic Approachto Reducing
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Page 39: ImmigrationThe Equality Act covers
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Page 47 and 48: has lasted for an hour, the examini
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Page 51 and 52: the person could pose a threat to p
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Page 55: IRELANDPolicing Plan 2008The Garda
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Page 72 and 73: DENMARKThe Danish Institute of Huma
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Page 78 and 79: used, such as those described below
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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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General principles of good practice
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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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Appendix A:Sample Stop Forms171
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REDUCING ETHNIC PROFILING IN THE EU
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Fuenlabrada, Spain Stop FormREDUCIN
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West Yorkshire Police Stop ReceiptR
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Covenant rights that are especially
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• Necessity: The use of ethnic pr
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The clear risk of arbitrariness in
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The Committee considers that identi
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adopted on June 29, 2007, CRI/Counc
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European Union Fundamental Rights A
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Notes1. Rebekah Delsol, Open Societ
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13. A report of MI5’s behavioral
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38. From the email text sent by Tem
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57. R. Davis and P. Mateu-Gelabert,
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88. Gillan and Quinton v. United Ki
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Ireland). Of the total number of co
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139. For example, European Commissi
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165. Open Society Justice Initiativ
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197. These can be found at: http://
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230. More information can be found
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266. To undertake this kind of anal
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279. In Rosalind Williams, Spanish
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Ethnic profiling by police in Europ
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