A/70/212 rights in the various stages of the criminal justice process, including in law enforcement operations, the judiciary and the legal profession. This report will contribute to and inform the discussions held. III. Minorities and the criminal justice process A. Introduction 7. The Special Rapporteur is alarmed by the many allegations that she has received of human rights violations committed against minorities in the administration of criminal justice, owing to their minority status. Having reviewed existing United Nations documentation 3 and relevant documents from regional and national institutions, through her consultations with Governments (see annex), various experts and civil society, the Special Rapporteur has identified global patterns of violations of the rights of minorities in the criminal justice p rocess. 8. The Special Rapporteur recalls the four pillars of minority rights elaborated in prior reports, which provide an important framework for understanding minority rights within the criminal justice system (see A/HRC/29/24, para. 17). She also recognizes the variety in legal systems around the world. While the modality of violations of rights of minorities may vary among systems, no system is free of such concerns. National specificities in the administration of criminal justice, however, can never justify discrimination in the administration of justice (see E/CN.4/Sub.2/2005/7, paras. 31-41). 9. This report highlights some examples of good practices. However, too often a lack of data collection precludes Governments from accurately assessing the existence and scale of violations, or designing effective countermeasures. It should be noted, however, that the report is not exhaustive, and does not address violations by law enforcement officials outside of the formal criminal justice process, or violations arising from substantive criminal law, which impact minorities and merit further research. B. Legal framework 10. International law protects persons in contact with the criminal justice system who belong to national or ethnic, religious and linguistic minorities. It prohibits discrimination in the administration of justice and creates positive obligations to ensure that justice systems are sensitive to, and facilitate effective participation of, minorities. These overarching principles are developed through treaty law and customary international human rights law and, in situations of armed conflict, international humanitarian law. 4 11. The overarching principle of non-discrimination including, specifically, equality before the law and before the courts, is enshrined in, for example, the __________________ 3 4 4/27 See also E/CN4/Sub.2/1982/7, E/CN.4/Sub.2/2003/3, E/CN.4/Sub.2/2005/7. Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention, 1949), articles 3 (1) (d), 27, and 71; 1977 Protocol I, article 75 (1), (3) and (4); 1977 Protocol II, articles 2(1) and 6; and International Committee of the Red Cross study of customary international humanitarian law (2006), rules 88, 90, 99, 100, 102, 103 and 104. 15-12578

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