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Reducing Ethnic Profiling in the European Union: a Handbook of Good Practices Copyright © 2012 Open Society Foundations

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OPEN SOCIETY JUSTICE INITIATIVE Reducing Ethnic Profiling in the European Union A Handbook of Good Practices Reducing Ethnic Profiling in the European Union: A Handbook of Good Practices Copyright © 2012 Open Society Foundations. This publication is available as a pdf on the Open Society Foundations website under a Creative Commons license that allows copying and distributing the publication, only in its entirety, as long as it is attributed to the Open Society Foundations and used for noncommercial educational or public policy purposes. Photographs may not be used separately from the publication. ISBN: 978-1-936133-55-0 Published by Open Society Foundations 400 West 59th Street New York, New York 10019 USA www.soros.org For more information contact: Rachel Neild Senior Advisor Ethnic Profiling and Police Reform [email protected] Cover designed by Judit Kovács l Createch Ltd. Cover photo © Edu León & Olmo Calvo l http://www.fronterasinvisibles.org/ Text layout and printing by Createch Ltd. Acknowledgments This report was written by Rachel Neild, senior advisor on ethnic profiling and police reform at the Open Society Justice Initiative, and Professor Lee Bridges of the University of Warwick, UK. Extensive research and case studies were contributed by Lanna Hollo, Rebekah Delsol, and Sebastian Kohn. Shamus Brennan also provided research support. The report was edited by David Berry, James Goldston, Indira Goris, and Robert Varenik. In the research process for this report, we reached out to police authorities and officers across the European Union, as well as to non-discrimination bodies, and experts from academia and civil society. We are enormously grateful to the many experts who provided materials for the case studies and reviewed our description of their work. We appreciate their frank assessments of the challenges of introducing new practices, and tackling hard subjects, and hope that this handbook can serve to continue this conversation and deepen these practices. We consulted too many experts to name everyone individually in these acknowledgements, and some sources requested that they not be named. Some of the research for this report was conducted through a project funded by the Fundamental Rights Agency of the European Union (EU FRA). As noted in the references in the text, certain case studies in this report were first published in the FRA’s 2010 Guide on Understanding and Preventing Discriminatory Ethnic Profiling. We are grateful to both the University of Warwick and to the Fundamental Rights Agency for their collaboration and support in searching out examples of good policing practices from across the European Union. As is frequently the case, events on the ground have, in some settings, overtaken the publication schedule of this report. Significant reforms in the UK in particular have brought new standards and developments that have superseded some of the practices 3 described in this report. The case studies presented here are not intended as a current historical record, but rather as a compilation of good practice that may serve as an example of positive approaches that can be drawn on from one setting to another. The Open Society Justice Initiative bears sole responsibility for any errors or misrepresentation. 4 ACKNOWLEDGMENTS Table of Contents List of Case Studies 7 Introduction 13 I. Ethnic Profiling Defined 17 II. A Holistic Approach to Reducing Ethnic Profiling 29 III. Legal Standards and Institutional Policies to Address Ethnic Profiling 33 IV. Oversight Bodies and Complaints Mechanisms 55 V. Ethnic Monitoring and Law Enforcement Data-Gathering 75 VI. Strategies for Reducing Ethnic Disproportionality and Improving the Quality of Encounters 103 VII. Training 125 VIII. Changing Institutional Culture 135 IX. Community Outreach and Involvement 147 Appendix A: Sample Stop Forms 171 Appendix B: Legal Standards and Case Law 191 Appendix C: Bibliography of Key Texts 199 Notes 205 5 List of Case Studies The case studies marked with * have previously appeared in the European Fundamental Rights Agency (FRA) publication, “Towards More Effective Policing; Understanding and Pre- venting Discriminatory Ethnic Profiling: A Guide,” Vienna: FRA, 2010. Several of the shared case studies that appear in this handbook have been updated. UNITED KINGDOM The Equality Act 2010 NORTHERN IRELAND Statutory Duty with Exemptions in Non-Discrimination Legislation FRANCE Obligation of Non-Discrimination in the National Police Code of Conduct NORTHERN IRELAND Police Code of Ethics AUSTRIA Legal Guidelines on Non-Discriminatory Conduct UNITED KINGDOM PACE 1984 and Other Stop and Search Legislation* BELGIUM Brussels Airport Information-based Behavioral Profiling UNITED KINGDOM Customs Guidelines on Selection and Searches of Persons NETHERLANDS Practical Guidance on Non-Discriminatory Treatment in Border Controls FRANCE Police Stop Powers for Immigration Control Purposes 7 IRELAND National Action Plan Against Racism IRELAND Policing Plan 2008 GREECE Requirement to Investigate Racist Intent UNITED KINGDOM Independent Police Complaints Commission BELGIUM Comité P FRANCE National Commission on Police Ethics IRELAND Garda Síochana Ombudsman Commission NORTHERN IRELAND Office of the Police Ombudsman NETHERLANDS National Ombudsman UNITED KINGDOM/ Northern Ireland Human Rights NORTHERN IRELAND Commission’s Research: Our Hidden Borders: The UK Border Agency Power of Detention UNITED KINGDOM Equalities and Human Rights Commission Investigation: Stop and Think! DENMARK The Danish Institute of Human Rights Research Ethnic Profiling in Denmark—Legal Safeguards within the Field of the Work of the Police UNITED KINGDOM The London Metropolitan Police Authority Scrutiny Panel on Stop and Search UNITED KINGDOM/ Policing Board Thematic Investigation into NORTHERN IRELAND Children and Young People UNITED KINGDOM The Communities and Local Government Committee Review of the Prevent Program UNITED KINGDOM Merseyside Police Review of Stop Data UNITED KINGDOM West Yorkshire Police Use of BlackBerrys® to Record Stop Data HUNGARY AND SPAIN Reducing Ethnic Profiling through the Introduction of Stop Forms NETHERLANDS Study of Preventive Stop Powers UNITED KINGDOM Section 95 Data BELGIUM/GERMANY/ITALY European Network Against Racism Supplemental Reports on Ethnic Profiling RUSSIA Ethnic Profiling in the Moscow Metro FRANCE Ethnic Profiling in Paris 8 LIST OF CASE STUDIES UNITED KINGDOM Profiling Populations “Available” for Stop and Search AUSTRIA/BELGIUM/BULGARIA/ FRA Survey on Minorities’ Experience of Law ITALY/ ROMANIA/SLOVAKIA Enforcement IRELAND Attitudinal Survey of Traveller and Ethnic Minority Communities UNITED STATES Attitudinal Survey of Young New Yorkers UNITED KINGDOM Police Stops and “Reasonable Suspicion” UNITED KINGDOM The Views of the Public on Stops and Searches BULGARIA/HUNGARY/SPAIN Views of the Police and Public on Stops and Searches BELGIUM Roundtables on Community Policing in Diverse Neighborhoods NORTHERN IRELAND Beyond the Margins: Building Trust in Policing with Young People IRELAND Singled Out: Exploratory Study on Ethnic Profiling in Ireland and its Impact on Migrant Workers and their Families DENMARK Media Reporting of Police Stop and Search Operations SWEDEN Swedish Brunch Report Radio Show UNITED STATES Ending Ethnic Profiling Enhances Effectiveness BELGIUM Judicial Control of the Use of Special Investigative Techniques UNITED KINGDOM National Intelligence Model UNITED KINGDOM Border Agency Harm Scoring Matrix SPAIN Using Stop Data in Supervision and Management UNITED KINGDOM Computerized Monitoring of Individual Officers’ Stops in Hertfordshire* UNITED KINGDOM London Metropolitan Police Service’s Operation Pennant to Monitor Area Based Profiling* REDUCING ETHNIC PROFILING IN THE EUROPEAN UNION 9 UNITED KINGDOM “Know Your Rights” Leaflets* UNITED KINGDOM “Go Wisely: Everything you need to know about stop and search” DVD* UNITED KINGDOM “Know Your Rights” Mobile Application HUNGARY Civilian Monitoring through Police Ride-Alongs AUSTRIA Airport Monitoring of Asylum Procedures FRANCE Monitoring Treatment of Persons Awaiting Deportation at Airports UNITED KINGDOM Informing Persons of the Reason for a Stop and Search UNITED KINGDOM Monitoring the Quality of Encounters by the Hertfordshire Constabulary* AUSTRIA Courteous Forms of Address* GREECE Prohibition of Racist Language IRELAND/NORTHERN IRELAND Diversity Works Training* NETHERLANDS Leadership Training UNITED KINGDOM Youth-Police Training on Stop and Search* SWEDEN Police and Youth Sharing Experiences UNITED KINGDOM Operation Nicole Counter-Terrorism Training UNITED KINGDOM Behavioral Assessment Screening System (BASS) Training and Passenger Assessment Screening System (PASS) NETHERLANDS Amsterdam’s Information House Training on Radicalization BELGIUM In-House Expertise on Islam UNITED KINGDOM Practice Orientated Package and Next Steps NORTHERN IRELAND Creating a More Balanced Police Service in Northern Ireland SWEDEN Diversity Recruitment Projects SWEDEN Well-Intended Diversity Promotion that Backfired NETHERLANDS “Safe Climates” Initiatives 10 LIST OF CASE STUDIES UNITED KINGDOM Black Police Associations UNITED KINGDOM MPS Association of Muslim Police NETHERLANDS Role of National Diversity Unit in a Decentralized Policing System IRELAND Garda Racial and Intercultural Unit IRELAND Bray’s “Garda on the Beat” NETHERLANDS Community Policing in Amsterdam BELGIUM Brussels North UNITED KINGDOM Police ESOL UNITED KINGDOM London MPS Cultural and Communities Resource Unit UNITED
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