34
Resource book on the use of force and firearms in law enforcement
TARGETING OF MINORITIES IN STOP AND SEARCHa
Police targeting individuals for identity checks or stop-and-search operations purely on the basis of
minority group characteristics rather than on any reasonable suspicion that the individual in question is involved in any illegal activity or other legitimate law enforcement justification is a common
concern. These methods have been heavily criticized where these are based solely on racial or ethnic
profiling, that is: based on discriminatory criteria of race or ethnicity, rather than any objective and
transparent legal grounds.b
Law enforcement personnel should therefore be able to account for the reasons why they carried
out the procedure. Given the need for police to have stop-and-search powers, while being able to
apply them in accordance with international human rights norms and standards, and given the risk
of abuse or discrimination, it is good practice to keep records of all stop and searches that are carried out, complaints received, and subject stop and search procedures to (independent) periodic
review.c Regular monitoring of stop-and-search activities to evaluate whether they impact minority
groups fairly and proportionately, with due respect for confidentiality and data protection, also
constitutes good practice.
a
Counter-Terrorism Implementation Task Force (CTITF), “Basic Human Rights Reference Guide: Stopping and Searching
of Persons,” Working Group on Protecting Human Rights while Countering Terrorism, March 2014, para.4 at: http://www.
ohchr.org/EN/newyork/Documents/StoppingAndSearching_en.pdf
b
See Open Society Justice Initiative, Addressing Ethnic Profiling by Police, May 2009, at: http://www.opensocietyfoundations.org/reports/addressing-ethnic-profiling-police.
c
See Northern Ireland Policing Board, Rights Thematic Review on the use of police powers to stop and search and
stop and question under the Terrorism Act and the Justice and Security (NI) Act, 2013: http://www.nipolicingboard.org.uk/
stop_and_search_thematic_review__final_draft__15_october_2013.pdf
People with psychological disabilities
People with psychological disabilities are at an increased risk of encountering use of force by
law enforcement officials.92 Many law enforcement officials do not have appropriate training
on how to deal with persons with psychological disabilities and on the human rights standards
applicable to this population.93 Some persons with psychosocial disabilities are perceived as
having behavioural issues that diverge from the normalcy standards socially developed under
prejudicial and misconstrued representations. Criminal and administrative systems usually
under mental health laws, often wrongly give a mandate to law enforcement officials to engage
with persons with psychosocial disabilities in moments of personal crises, instead of providing
for less repressive measures. This increases the risk that such persons may be restrained,
possibly leading to further violence and injuries, and arbitrary deprivation of their liberty.
Also, certain weapons, such as tasers, can have a disproportionate impact on the health of
those in a heightened emotional state.
In order to ensure an effective law enforcement response to persons with psychosocial disabilities,
adequate training is a prerequisite. Moreover, law enforcement agencies should develop a referral
92
Martin A. Schwartz, “Police Use of Force to Restrain the Mentally Ill”, New York Law Journal, Vol. 253, Issues
123, 29 June 2015: http://www.newyorklawjournal.com/id=1202730675786/Police-Use-of-Force-to-Restrain-the‑
Mentally-Ill?slreturn=20150731112005; Wesley Lowery, Kimberly Kindy and Keith L. Alexander, “Distraught People,
Deadly Results,” The Washington Post, 30 June 2015: http://www.washingtonpost.com/sf/investigative/2015/06/30/
distraught-people-deadly-results/?uuid=0ca51840-11cc-11e4-98ee-daea85133bc9&wt=promo_story&wpisrc=al_alertCOMBO-exclusive%252Bnational
93
Office of the High Commissioner for Human Rights, “Report on mental health and human rights”,
A/HRC/34/32, 31 January 2017.
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