since 2007, to abolish the quota system through reforms. However, an alternative assessment system has yet to come into practice.154 68. In a North American OSCE participating State , where targets for summonses and arrests are prohibited by law, it was revealed that they were still used informally by particular police forces. Officers denied benefits under the scheme ultimately took legal action against the city police department.155 69. In most of the 13 countries surveyed through the questionnaire the use of quotas for police was not an official policy, or at least not one that was openly stated or spoken about by criminal justice officials.156 However, there are also examples in an OSCE participating State in South Eastern Europe where they are included in formal bylaws, rules, regulations or annual “professional minimum performance requirement” quotas for police units which include quantifiable performance indicators as well, such as the ”success rate” of police measures and investigations.157 70. Although most countries do not ‘officially’ use quotas, many do so in practice. Where not officially ingrained in policy or practice, or even where banned by law, quota systems are used more informally, and practices may vary between precincts or stations that are part of the same police force. However, in jurisdictions where it is illegal to use quota systems, both the police officers subject to a quota system and the general public subject to wrongful police actions can seek compensation from the state.158 71. In an ODIHR report on torture prevention in the OSCE, the majority of OSCE field offices reported that they did not know whether, in practice, quotas for arrest and conviction played a role in promotions or performance evaluations.159 Further 154 Questionnaire response Golos Svobody (Kyrgyzstan) (2019). 155 ”Disgruntled cops say precinct ran arrest quota ‘board game’”, New York Post, (2015); “NYPD accused of giving points to Staten Island cops for making arrests to hit quote, New York Daily News,” (2015). See also “An NYPD sergeant blows the whistle on quotas”, The New Yorker, (2018). 156 Questionnaire responses (2019). 157 Questionnaire response Human Rights Association (Turkey) (2019) with reference to the “Bylaw on Evaluation of Personal Performance of Police Officers”, passed in 2012, under which the chief officer assesses officers on their duties and responsibilities with regard to pre-determined indicators; see also Decree 26/2013. (VI. 26.) BM of the Minister of Interior of Hungary, Annex 8 on the Recommended Elements of Assessing the Performance of Service Members of Armed Forces under the Command of the Minister of Interior, on the Procedural Rules of Applying the Recommended Elements, on the Order of Evaluation, and on the Organisational Performance Assessment (hereafter: Decree 26/2013. (VI. 26.) BM of the Minister of Interior), Article 2, Section 19, Article 14(2)–(3) and Article 16(5). 158 See the case described in para. 68 referring to the United States. 159 ODIHR, “The Fight against Torture: The OSCE Experience”,(2009), p.22. 47

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