• Maysum Sattar Al-Sami
4. term, Laws, Master (Master Programme)
In recent years ethnic profiling has been discussed in Denmark as the news of an American police officer’s violent arrest of Afro-American, George Floyd, went viral, as it led to his death. In June 2020 a member of the Danish Parliament, Sikandar Siddique, asked the Danish Minis-ter of Justice what he would do to insure, that a similar situation would not happen in Denmark. The Minister of Justice wrote that it is his clear expectation that there will be no discrimination when the police meet the citizens of society. It is however documented through statistics that the risk of being charged without being convicted in 2014 was 65-70 % higher for people with a non-Western background than it was for ethnic Danes. The aim of the thesis is to investigate the human rights issues related to possible ethnic profiling in the police. The thesis wants to clarify the scope of the problem and in particular how Danish law protects against ethnic profiling exercised by the police in connection with various types of policing measures. For this purpose, Danish law and human rights are applied, including prac-tice in the field and its relationship to Denmark's international obligations; particularly the Euro-pean Convention on Human Rights article 5, 8 and 14. Firstly, the thesis presents the concept of ethnic profiling and the presentation of protection against ethnic profiling in Danish law, the Danish constitution’s §§ 70 and 71 and the European Convention on Human Rights article 5, 8 and 14. Secondly, an evaluation of case law from the European Court of Human Rights is conducted through an examination in order to evaluate when possible ethnic profiling exercised by the po-lice must be considered to be in conflict with European Convention on Human Rights. Thirdly, the police’s policing measures that by law are not required to be based on a reasonable suspicion by law is presented as well as the Danish complaints system for complains against the polices’ decisions and behaviour are presented. Furthermore, relevant case law and administrative practice are presented and analysed in order to support the subsequent assessment of the legal situation regarding ethnic profiling and whether Denmark adequately protects the minorities against ethnic profiling. It is concluded on the basis of the analysis of the legal situation regarding ethnic profiling that ethnic profiling is illegal in Denmark by virtue of European Convention on Human Rights art. 14, the Danish constitution’s § 70, the Danish criminal code’s § 266 b and the principle of equality. However, in Danish law, there are broad powers for the police to carry out an inter-vention without a reasonable suspicion or justification. It is, on the basis of case law from the European Court of Human Rights, concluded that when there is no requirement for a reasonable suspicion at a visitation, then it is likely to be difficult if not impossible to prove that the power was improperly exercised. It is deduced that there is insufficient protection against ethnic profil-ing in the complaints system, as no measures have been taken to protect people of minority backgrounds from ethnic profiling perpetrated by the police, to such an extent that it can be real-istically demonstrated that the police have discriminated a person. Finally, it can be concluded that the European Court of Human Rights in the case of Gillan & Quinton v. Great Britain (2010) stated that with broad visitation powers in the police, discrimi-nation against ethnic minorities can occur. The Danish Police law § 6 in particular is in focus here, and it is assumed on the basis of the analysis made, that Denmark in a similar case can be convicted of a violation of European Convention on Human Rights art. 8, which is supported by a similar belief in the Institute of Human Rights in Denmark. This is despite the fact that the Ministry of Justice believes that there is a difference between the British and Danish provisions, as the end result of the two provisions is comparable.
Publication date18 May 2021
Number of pages81
ID: 412011213