Filenews 6 September 2024 - by Fakis Makrides
The leadership of the Police has drawn attention to all members of the Police Force, so that in the performance of their work they do not exhibit behaviours that are identified with phenomena of racial discrimination.
More specifically, on the occasion of the publication of a relevant report by the European Agency on illegal profiling (Racial Profiling), a senior officer sent a note on behalf of the Chief of Police, Stelios Papatheodorou, to all those responsible.
This note, addressed to the Director of the Crime Fighting Department of the Police Headquarters and all the police directors of the provinces, makes references to clarify what constitutes "discrimination based on racial character/profile", while highlighting the articles of legislation and the penal code, on the basis of which members of the police force must act.
The recommendations
The note states that the leadership of the Police considers it appropriate "to emphasize that the arrest, search and detention of any person, solely on the basis of his ethnic origin or other special characteristics, is not permitted."
In conclusion, it is stressed that "members of the Police are obliged to respect and protect the dignity and rights of every person without prejudice or discrimination and to demonstrate professionalism and sensitivity, treating citizens in a polite, ethically correct manner and free from prejudices and stereotypes."
Furthermore, the European Commission against Racism and Intolerance (ECRI) is cited as the use by the Police, without objective and reasonable justification, of criteria such as race, colour, language, religion, nationality or national or ethnic origin in screening activities; monitoring or research.
It is added that racial profiling includes the classification of individuals into categories based on personal characteristics, which – as it is characteristically emphasized – cannot be the only basis for the execution of the powers of the Police.
It is explained that "profiling by the Police must be based on objective reasons / reasonable suspicion, while there must be reasonable suspicions based on information other than personal characteristics".
Recourse to legislation
In addition to the above recommendations, the written instructions highlight in detail the provisions of the Law and a police directive on how police officers should perform their work, while clarifying what powers the latter have when intercepting a vehicle and searching a person or means of transport.
Analytically:
>> Article 28 of the Police Law: "28.- (1) Any member of the Police- (a) may intercept, detain and search any person who has reasonable suspicion of being involved in the commission of any offence, in violation of any law and especially when-
(i) sees it committing any unlawful act or action; or
(ii) reasonably suspects that he/she is committing or intends to perform any unlawful act or action or that he/she is unlawfully in possession of any object; or
(iii) sees him unlawfully in possession of any object for which a license is required under the provisions of any law which he may require to be presented to him, or
(b) may intercept and search any means of transport in respect of which it reasonably suspects that it is being used or involved in the commission of any offence in violation of any law."
>> Article 25 of the Criminal Procedure Law: "Any police officer may, without a warrant- (a) detain and search any person whom he reasonably suspects of carrying, transporting or concealing an object or document in relation to which it is intended to be committed or is being committed or has recently been committed a criminal offence..."
>> Article 26 of the same Law provides: "... A police officer may, with reasonable suspicion, intercept, intercept and search any means of transport for the purpose of ascertaining whether any explosive, offensive weapon or other instrument of brutality is being unlawfully carried on it."
>> Police Order 3/38, entitled "Management of Offences and Anti-Discrimination Issues", provides, inter alia, that, in cases where the Police are looking for a person with specific and easily recognizable racial, religious or national characteristics, to avoid massive, random and blind checks of persons bearing those characteristics. Checks should be targeted, on the basis of additional information.
Academic and qualified member
The note, drafted on behalf of the Chief of Police, is signed by Superintendent B and academic Dr. Panagiotis Nikolaidis. As it is understood, he has been recruited by the Cyprus Police as a specialized member. Apart from his academic titles, he has a close relationship with the police force. It is indicative that he was a member of the Internal Quality Committee of the Cyprus Police Academy, from 2016 to 2021, in the context of Quality Assurance and Accreditation in Higher Education (Law 136(1)/2015). He has represented and continues to represent the Republic of Cyprus in working groups and networks of the Council of the EU, Europol and Interpol and other European and international organizations. Among other things, he is the author of the book "The Police next to the citizen".
Discrimination and prejudice
The term "Racial Profiling" in Greek translates as "racial targeting" or "racial profiling". Racial targeting refers to the practice in which law enforcement or other public authorities use a person's race, ethnicity, or skin colour as a basis for suspicion, control, or other discrimination, without other documented evidence.
For example, if someone is suspected of a crime just because they belong to a particular racial or ethnic group, this practice is considered racial targeting.
Racial targeting is widely condemned, as it violates the rights of individuals and promotes discrimination and prejudice.
