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90. Members of a minority are less likely to engage with, or participate as
actors within, criminal justice institutions as long as the members of that
minority face active discrimination within the system, whether as accused,
victims or witnesses. This being the case, non-minority officials and
representatives must also act on their own initiative to address discrimination
in the administration of justice, and to transform negative feedback cycles of
distrust into positive feedback cycles of progress.
91. The Organization for Security and Cooperation in Europe (OSCE)
recommendations on policing in multi-ethnic societies, which provide detailed
guidance on making police services more representative and enhancing
communication between police and minority communities, should be regarded
by all States as a useful framework, relevant as well for national or ethnic,
religious and linguistic minorities.
92. Sources cited throughout this report provide States with many practical
recommendations on how to improve the situation of minorities in the criminal
justice system. Space considerations permit the Special Rapporteur to highlight
only a few:
Collection and analysis of disaggregated data
93. States should collect comprehensive and disaggregated data with regard to
the involvement of persons belonging to national or ethnic, religious and
linguistic minorities in all aspects of the criminal justice system. Anonymous
statistics should be accessible for analysis by government, academic, civil
society and regional and international organizations, for the purpose of
enabling them to design measures for eliminating discrimination and increasing
effective participation in the entire administration of justice. Data should be
collected on the basis of individual self-identification and consent (wherever
possible) and use should respect the need for personal data and privacy
protection, including through anonymization and time limits on retention.
Access to justice for minority victims
94. States should ensure that members of minorities are proactively informed,
in a language and through a means appropriate to their situation, of their
rights as victims of crime, and on how to access support, including legal
assistance and interpretation services. To this end, States should consider
establishing liaison officers from, or with connections in, the relevant minority
communities.
95. Police, prosecutors and judicial authorities must ensure that criminal
complaints from members of minorities are pursued with the same diligence
that is applied to those of other complainants. Where necessary, special
measures and accommodations in investigation and trial procedures should be
adopted, in consultation with minority communities. All police should have
protocols and training in respect of recording and investigating hate crimes.
Minorities and policing
96. States should ensure that individuals are not selected for identity checks,
questioning, stops and searches, surveillance or other policing measures solely
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