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

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NETHERLANDSNational OmbudsmanThe Dutch National Ombudsman oversees law enforcement including ordinarypolicing functions, anti-terrorism, immigration and customs. The organization canlook into individual complaints, and study broader issues it identifies. It publishessome 400 case reports a year, about 150 of which address policing and administrationof justice. The Ombudsman does not collect ethnic statistics, but has investigatedcomplaints of discrimination in law enforcement, several specifically concerningethnic profiling.One of these cases involved the “100 percent controls” carried out by customs officialsat Schiphol airport on passengers arriving from Surinam, Aruba and the NetherlandsAntilles. 124 The investigation, triggered by an individual complaint lodged bya traveler, examined all policies and practices involved in the controls. It consideredpossible discrimination, and evaluated a list of secret criteria used by customs officialsto determine which persons should be subjected to a more in-depth search. TheOmbudsman considered whether apparently neutral criteria were in fact producingdiscriminatory outcomes (indirect discrimination). In this case, there was no findingof racial discrimination, but a number of aspects of the procedure were flagged asproblematic.The case of Ms. S of New York v. KMar (discussed above in Chapter III) establisheda critical principle: that where the complainant had provided facts supporting apresumption of discrimination, the Ombudsman shifted the burden on the defendant—themilitary border police in this case—to prove that this was not the case. 125Another investigation by the Ombudsman examined a police raid involving some80 officers on a party organized by African immigrants in Amsterdam in 2007. 126Although the police claimed they expected to find members of criminal networksinvolved in internet fraud, they relied on powers granted to them by the Aliens Actto carry out the raid. Sixty seven of the approximately 220 people at the party weredetained for immigration violations, and 35 were subsequently deported. Therewere no resulting prosecutions linked to internet fraud or associated crime. TheOmbudsman found that there had been a violation of the right to non-discriminationenshrined in the Dutch constitution because black attendants at the partyhad been especially targeted for identity checks, while whites were allowed to leave.The Ombudsman also criticized the police publicity around the raid as having theeffect of stigmatizing West Africans, and in particular Nigerians, in the Netherlandsby explicitly and unjustifiably assuming that they were predominantly illegal immigrantsand involved in crime. The Ombudsman also criticized the inappropriateuse of immigration powers to carry out a raid primarily aimed at combating crime.66 OVERSIGHT BODIES AND COMPLAINTS MECHANISMS
The Ombudsman also investigated institutional practice in the case of three ethnicminority police officers who complained of discrimination in the Aarnum policeservice. 127 The complainants had alleged that they were discriminated against ininternal procedures for promotions and assignments. The investigation looked attheir specific complaint as well as at the police service’s broader personnel practices.The Ombudsman concluded that there had not been discrimination in their case,but that there was a lack of transparency in promotion procedures that couldcreate or allow perceptions of discrimination and made recommendations aboutpromotion procedures, internal complaints procedures, and improving internalcommunications.In January 2011, the National Ombudsman of the Netherlands launched—incollaboration with the municipal Ombudsman of Rotterdam and Amsterdam—anown–initiative investigation into preventive search actions in designated ‘securityrisk zones.’ The investigation examines police organization and implementation ofpreventive search actions in which any person and his or her goods and vehicle canbe search without reasonable suspicion. The Ombudsman’s investigation will focuson police selection of individuals for stops and the treatment of those stopped.The Northern Ireland Human Rights Commission examined concerns with ethnicprofiling at borders by immigration officers using direct observation and interviewsof immigration officers about their decision-making.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 67
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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
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
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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 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
Page 92 and 93: The study revealed that in addition
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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
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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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