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

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• the impact of race• the use of stop-and-search data• the cost effectiveness of stop and search• the assertion of disproportionality in criminality• the identification of good practice.The MPA reviewed stop-and-search statistics and existing studies; held twelve publichearings; and invited written submissions from individuals and organizations. In May2004, it published the Stop and Search Scrutiny Report, which included 55 recommendations.132 The Scrutiny Panel found stark differences between the evidence presentedby community members about long-standing experience of racially-biased policing,and the police view of stop and search as an effective policing and crime preventiontool. The panel concluded that racial bias and stereotyping in individual police officers’behavior and in institutional policies and practices (or lack of such policies)both permit and cause disproportionate stop and search practices.Community testimony illustrated the negative impacts of stop and search: distrust inpolice, loss of police legitimacy in certain communities, and the alienation of sourcesof community information and criminal intelligence. The panel recognized that theMPS had cooperated with the scrutiny process, but noted that in practice there wasvirtually no analysis or interpretation of stop-and-search data for monitoring, supervision,or intelligence purposes, as well as inadequate community-police partnerships.The panel’s recommendations addressed: leadership and recognition of the problem,stop-and search-powers, organizational management, training, public complaints,raising public awareness, and community-police relations. The MPS continues toreport to the MPA and local stop-and-search monitoring groups four times a year toreview progress on implementing the recommendations. The MPA have supportedthe development of local borough stop-and-search monitoring groups, and publiceducation about rights and entitlements.More recently, in May 2011, the MPA held a public consultation around the recordingof police use of stop and account (those stops in which officers’ ask the individual toaccount for their presence or activities, but do not lead to searches). 133 The consultationincluded an on-line survey to capture a quantitative measure of opinion andevents providing an opportunity for community members especially young peoplewho are most likely to be affected by stops to share their views and take part indiscussions that will help the Metropolitan Police Service to decide whether therecording of stop and account interactions should be retained or discontinued.72 OVERSIGHT BODIES AND COMPLAINTS MECHANISMS
UNITED KINGDOM / NORTHERN IRELANDPolicing Board Thematic Investigation into Children and Young PeopleThe Northern Ireland Policing Board monitors the Police Service of Northern Ireland(PSNI) compliance with human rights legislation, including through thematicreviews. In 2011, it conducted a review of policing of children and young people, andanother on stop and search. 134 The reviews are based on oral testimonies and writtensubmissions from a wide range of stakeholders, and have created mechanisms toensure that the opinions of young people and people who have been stopped andsearched were taken into account. This is the start of a process to monitor andreview the Police Service’s response to the issues raised and recommendations madein the report.Some countries have policy oversight bodies that are specific to counter-terrorismwork. The most common model of accountability in the highly sensitive area of counter-terrorismis that of a parliamentary committee charged with oversight of intelligenceservices. These exist in the Netherlands, the United Kingdom, and Germany, amongother countries, but their composition and powers vary widely. 135 Such committees generallyhave access to classified information and, partly for this reason, rarely make publicreports. It is unclear whether or to what degree they have taken up issues of ethnicprofiling in the use of counter-terror powers by either intelligence services or police andborder authorities. The following case study summarizes a parliamentary inquiry intothe UK’s “PREVENT” counter-terror program.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 73
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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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Page 25 and 26: of the persons subjected thereto sh
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Page 29 and 30: of the ethnic minorities disproport
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Page 33 and 34: Law enforcement agencies are accoun
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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
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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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Page 82 and 83: UNITED KINGDOMMerseyside Police Rev
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Page 88 and 89: Research Approaches and Methodologi
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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
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Page 117 and 118: UNITED KINGDOM“Know Your Rights
Page 119 and 120: Prior to the ride-alongs, many Hung
Page 121 and 122: General principles of good practice
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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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General principles of good practice
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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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