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Part 1
Predictive profiling is not only unlawful and ineffective, but it also creates
adverse effects. Such methods seriously impact innocent individuals who
happen to fit the profile. It results in the stigmatization of certain individuals and communities and the social construction that all those who share
the same racial, ethnic or religious characteristics are potential terrorism
suspects. Such stigmatization and alienation hinder potential co-operation
between the police and the public and may contribute to the terrorist radicalization of individuals and groups who are wrongfully targeted.
It cannot be stated too strongly that addressing the complex subject of terrorism in this manner is simplistic and counterproductive. Indeed, the OSCE
Charter on Preventing and Combating Terroarism,33 states unequivocally that
“action against terrorism is not aimed at any religion, nation or people” and
the practice of ethnic and religious profiling has been widely condemned by
international human rights bodies and mechanisms.34 Terrorism should not
be linked to any national, religious or ethnic group.
The fight against terrorism does not constitute an exception to lawful profiling. Information gathered for the purposes of countering terrorism should be
relevant to individuals, not to categories of people, and should be connected
to the commission of a terrorism-related offence.
1.1.2 Recording and Evaluating Information
After gathering information, law enforcement agencies will record and evaluate it. This is best done in a systematic way, following a prescribed method.
There are a number of systems in use, but the best involve the contextualization of information, an assessment of the reliability of the source (ranging from “known to be true” to “suspected to be false”). This objective and
33
34
OSCE Porto Document, op. cit., note 20..
See for example, United Nations Special Rapporteur on the promotion and protection of
human rights and fundamental freedoms while countering terrorism, Martin Scheinin,
Report to the UN Human Rights Council, 29 January 2007, op. cit., note 2. See also Committee
on the Elimination of Racial Discrimination, General Recommendation No. XXXI: Prevention
of racial discrimination in the administration and functioning of the criminal justice system,
3 October 2005, A/60/18(SUPP), para. 20, <http://www2.ohchr.org/english/bodies/cerd/docs/
GC31Rev_En.pdf>, urging states to “take the necessary steps to prevent questioning, arrests
and searches which are in reality based solely on the physical appearance of a person, that
person’s colour or features or membership of a racial or ethnic group, or any profiling which
exposes him or her to greater suspicion”. These factors weigh heavily when judging reasonableness and proportionality of ethnic profiling in counter-terrorism efforts.
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