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

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complaints commissions that include both police and expert (judges, lawyers, etc.) civilianmembers. The first phase of the complaints procedure is internal: the complaint ismade to the law enforcement agency and processed by that agency through mediation.In cases in which the matter remains unresolved, the complaint is passed to the externalmembers of the commission. The effectiveness of this process reportedly varies. It hasbeen proposed that such investigations should be automatic rather than discretionaryin any case in which discrimination is alleged.Some review bodies may undertake self-initiated investigations of issues of concernthat come to their attention. Other bodies can only investigate individual complaintsand, in some cases, may analyze cases for patterns of abuse of discriminationand recommend changes in policy or practice to address them. The United KingdomIndependent Police Complaints Commission has undertaken several studies of ethnicprofiling issues as described in the case study that follows.UNITED KINGDOMIndependent Police Complaints Commission (IPCC)Most complaints about stops and searches in the UK are made directly to localpolice stations and handled through informal local mediation between the policeand the complainant. The IPCC handles appeals in cases where complainants arenot satisfied, or more serious allegations of discriminatory use of police power or useof force. In addition, the IPCC has conducted wider investigations into the systemicuse of stop-and-search tactics.In 2007, the IPCC investigated the use of section 60 stop-and-search powers whichallow police officers to stop individuals without reasonable suspicion “in anticipationof violence” in the West Midlands, responding to a complaint and evidence ofsystemic misuse of the power. Based on an analysis of stop data, internal authorizationsfor operations, intelligence briefings, in-depth interviews police officersand community representatives, and comparisons with other forces and areas withsimilar crime problems, the IPCC found that section 60 was being used inappropriatelyto deal with routine crime problems with no justifiable reason why normal policepowers were not being used.In 2009, the IPCC released a policy position giving guidance to police forces on theproper use of their stop-and-search powers, and establishing standards by whichstop-and-search complaints should be judged. 115 The IPCC recognized that “the useof stop and search powers are highly intrusive and may risk seriously undermining58 OVERSIGHT BODIES AND COMPLAINTS MECHANISMS
individual and community confidence in policing.” The exercise of stop-and-searchpowers should not only be “within the law,” but should also be demonstrably fair,effective, and inspire public confidence in the police.The report placed the onus on police forces to demonstrate through regular monitoringthat their powers are being properly, taking into account the volume ofcomplaints; the number of fines (fixed penalty notices), cautions, arrests and chargesarising from stops; the impact on crime profiles; and the level and quality of localintelligence-gathering. The policy note identified several elements critical to publicconfidence, including the quality of local complaint resolution and the willingness ofthe police to provide an explanation or apology (where appropriate) and to learn fromcomplaints. It recommended that investigations emerging from complaints shouldfocus on the intelligence and authorizations that led to the stops and searches, aswell as the individual officer’s knowledge of the powers and proper procedure, ratherthan just on the alleged misconduct.The depth and detail of the IPCC’s investigations and recommendations reflectboth the longer history of concern with ethnic profiling and the availability of ethnically-disaggregatedstatistics in the UK, which facilitate inquiries of the sort describedabove. Elsewhere in Europe, scrutiny of ethnic profiling is less common and more challenging.This is due to factors including oversight bodies’ common focus on individualcomplaints rather than patterns of law enforcement practice, the lack of ethnic data, andthe challenges of proving discrimination in individual cases of abuse by law enforcement.Ethnic profiling may not readily arise from individual complaints, as profilingoften involves actions such as identity checks and stops and searches that individualsview as relatively routine annoyances and frequently do not see as serious enough towarrant the effort of making a complaint. Where complaints do appear to reveal patternsof ethnic profiling, additional research may be necessary to develop a clear pictureof the prevalence and severity of allegations of ethnic profiling.A final challenge lies in the substantiation of complaints. In complaints of discrimination,as in many other complaints of abuse, adjudication frequently must bemade on the basis of the account given by each individual—the officer and the civiliancomplainant. Complaints investigations frequently find little or no material evidence orwitnesses and have great difficulty in finding against an officer’s account of the reasonfor their action. Such incidents do not generally provide a reliable means of capturingethnic profiling practices. (This is not the case in serious abuse incidents where theremay be medical evidence of physical abuse.) The difficulty of substantiating individualcomplaints further highlights the importance of broader investigations into patterns ofpractice by oversight bodies.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 59
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OPEN SOCIETY JUSTICE INITIATIVERedu
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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 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
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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
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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
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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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