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The Guardian - US
The Guardian - US
World
Amanda Holpuch in New York

NYPD settles lawsuits over surveillance of Muslims and agrees to reforms

NYPD spying
The move comes in response to two civil suits filed by a coalition of rights and advocacy groups. Photograph: Seth Wenig/AP

The New York police department on Thursday reached a settlement over its controversial Muslim surveillance program, and agreed to a series of reforms related to criminal investigations.

The reforms agreed to by the NYPD include installing a civilian representative in the police department to act as a check on its actions, ending open-ended investigations by introducing a time limit and removing a report from the NYPD website that critics said made “sweeping generalizations” that could lead to religious and racial profiling.

The move comes in response to two civil suits filed by a coalition of rights and advocacy groups, Raza v City of New York and Handschu v Special Services Division. The agreement is subject to court approval.

“We think it’s a huge progress not just for Muslims in New York City but for all New Yorkers and hopefully an example for the rest of the country,” said Ramzi Kassem, who directs the the Creating Law Enforcement Accountability & Responsibility (Clear) project, which was involved with the Raza suit.

New York Civil Liberties Union brought the Raza lawsuit with Clear and the law firm Morrison and Foerster LLP. The suit was brought on behalf of religious and community leaders, mosques and a charitable organization.

The NYCLU also filed papers in the Handschu case, which pertains to the police department’s guidelines for surveillance of political activities, known as the Handschu Guidelines.

The NYCLU said the settlement would include the following changes to the guidelines:

  • Prohibiting investigations in which race, religion or ethnicity is a substantial or motivating factor.
  • Requiring factual information of possible unlawful activity before a preliminary investigation into political or religious activities.
  • Limiting the department’s use of undercover and confidential informants.
  • Requiring time limits and reviews of ongoing investigations.
  • Installing a civilian representative within the NYPD.
  • Removing the discredited Radicalization in the West report from the NYPD site.

Kassem said that placing a civilian representative within the department was a “critical safeguard”.

“As good as our strengths and new safeguards may look, they are worth very little potentially if there’s no way to enforce them or see that they are being violated,” Kassem said.

The NYPD’s surveillance of Muslims was first made public in an August 2011 investigation by the Associated Press.

It revealed that the NYPD assembled databases on Muslims’ daily activities and infiltrated Muslim campus groups and mosques.

The police unit that oversaw the surveillance program was disbanded in April 2014.

The NYPD did not respond to a request for comment. Police officials told the AP the settlement formalized safeguards that were already in place, and it did not require the NYPD to admit any wrongdoing.

The Associated Press contributed to this report.

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