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

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UNITED KINGDOMThe Views of the Public on Stops and SearchesAs part of the Home Office’s Policing and Reducing Crime Unit 2000 research studieson stops and searches, researchers interviewed members of the public from a rangeof different ethnic groups about the experience of being stopped and searched. 176A stop and search, no matter how cursory, was felt by respondents to be intrusive,embarrassing, and potentially frightening. Those who were regularly stopped feltvictimized by the police. This was especially true of black and Asian respondentswho felt they were stopped more than white people and that they were being targetedsolely due to their ethnicity.Among the respondents there was general acknowledgement of the value of stopsand searches. However, when stops and searches were handled badly by the police,the distrust, antagonism, and resentment that were generated outweighed any ofthe positive effects it might have. Respondents welcomed the introduction of stopforms and believed that having information in writing about the stop would increaseaccountability. Respondents also said that a respectful attitude on the part of theoffice was very important, as was being given a valid reason for the stop and search.The next case study presents results of a qualitative study examining attitudes ofthe police and the public in three countries.BULGARIA, HUNGARY, AND SPAINViews of the Police and Public on Stops and SearchesIn 2005, research in Bulgaria, Hungary, and Spain, 177 used a qualitative approachbased on interviews with 60 to 80 police officers in each country, and focus groupsand interviews with Roma minority groups in all three countries, as well as withimmigrants in Spain.Despite the very different national contexts, it was clear that police in all threecountries were profiling Roma and immigrants. Roma pedestrians in Bulgaria andHungary and immigrants in Spain were more likely to be stopped than membersof the majority population and, once stopped, they were more likely to have anunpleasant experience. In interviews, officers frequently cited a “sixth sense,” or“intuition” or “past experience” as driving their decisions about whom to stop,96 ETHNIC MONITORING AND LAW ENFORCEMENT DATA-GATHERING
sometimes adding factors such as a person appearing “nervous,” or “out of place”or “strange.” 178 The research found that while stops may be called in to headquarters,they were generally not reviewed by line supervisors at local stations, nor werethey systematically recorded and assessed in terms of efficiency, meeting operationalobjectives, or fairness.Qualitative data can be powerful in indicating whether ethnic profiling is takingplace and, and if so, illuminating the factors that abet it. Some qualitative data gatheringis complex and expensive. Where resources might not be available to replicate thetypes of qualitative research described above, more limited approaches can be adopted,perhaps in conjunction with community policing initiatives. The following three casestudies provide important examples of an easily-replicated first step in gathering qualitativedata.BELGIUMRoundtables on Community Policing in Diverse NeighborhoodsIn 2006–2007, the Centre for Police Studies organized 11 roundtable discussions indifferent provinces to examine the practical implementation of community orientedpolicing in diverse communities. Each roundtable examined police relations with adifferent segment of society, including Travellers, trailer park residents, and ethnicminorities.Participants at each roundtable included police officers, community actors whowork with the selected segment of society (such as social workers and educators),and representatives of the selected group. In many cases this was the first timethese actors had exchanged views about policing. Participants, who were guaranteedanonymity, were then asked to write out a short reflection on the discussion outliningthe implications for their work and noting ideas and thoughts that the discussionprovoked. The project concluded with a workshop titled “Policing Divided Communities”which brought together project participants to discuss experiences in differentprovinces, drawing out the implications for community oriented policing.REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 97
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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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Page 117 and 118: UNITED KINGDOM“Know Your Rights
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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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General principles of good practice
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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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