February 2006
include codes for the conduct of operational practices, such as the use of
police powers to stop and search people on the street and in other public
places.
As has already been noted, the police in a democracy are usually the most visible of
the public authorities, as well as being those with the most immediate powers over
the everyday lives of citizens. It is therefore essential that the police, as
representatives of the state, are seen to exercise their powers in an exemplary
manner. This requires that the police always act professionally and in accordance with
human rights, and apply the law in an impartial and non-discriminatory manner.
Police officers are recruited from the wider society, and may vary greatly in their
knowledge about and prejudices relating to different minorities. Such prejudices may
be shared and expressed openly, or they may be concealed. In either form, they may
influence a police officer's behaviour towards particular ethnic groups. There may
always be a danger, therefore, that police officers treat members of particular ethnic
groups in different ways, whether in a direct or indirect manner, unless active steps
are taken to prevent this.
Special attention needs to be given to the practice of 'racial profiling'. This is the
inclusion of data about race or ethnicity in the profile of persons whom the police consider
are more likely to commit a particular crime. Persons fitting the resulting profiles are
specifically targeted by law enforcement officials and subjected to measures such as 'stop
and search', vehicle inspection, identity checks, etc. Racial profiling involves the use
of racial or ethnic stereotypes, rather than individual behaviour, as a basis for making
decisions about who is likely to be involved in criminal activity. There is extensive
evidence that racial profiling is widely practised on an informal basis across the OSCE
region by law enforcement agencies, even though officially it is condemned. The
groups subject to racial profiling tend to differ between States, although racial
profiling of Roma and Traveller groups tends to be Europe-wide.
Whatever the particular ethnic composition of their populations, all States are advised
to work towards introducing ethnic monitoring of the outcomes of police operations in
order to identify whether or not discrimination is taking place. Such monitoring
involves measuring statistically whether or not police operations such as 'stop and
search' impact fairly and proportionately on different ethnic groups. Use of monitoring
will assist States to ensure compliance with their international obligations (e.g. under
the European Convention on Human Rights and the International Convention on the
32