A/70/212
criminal trial and sentencing. Additional United Nations and regional instruments
address these issues in greater detail. 14
14. For minority victims of crime, standards on the right to effective remedy and
reparation, and to participation and protection in the criminal justice process, are
relevant. 15
15. Human rights standards also affirm that members of minorities must have
equal access to training and service as law enforcement officials, including within
the police, prosecution, judiciary and legal profession. 16
16. The Organization for Security and Cooperation in Europe (OSCE)
Recommendations on Policing in Multi-Ethnic Societies (2006) are of cross-cutting
importance, providing guidance on representativeness of police and enhancin g
communication between police and minority communities. 17
17. General Recommendation XXXI of the Committee on the Elimination of
Racial Discrimination on the prevention of racial discrimination in the
administration and functioning of the criminal justice system describes measures for
gauging and preventing discrimination at each stage of the criminal justice system.
Committee on the Elimination of Racial Discrimination recommendations can and
should be extended and adapted to cover discrimination against all national or
ethnic, religious and linguistic minorities.
C.
Minorities and the exercise of police powers
18. Should a disproportionate number of individuals from a minority group find
themselves in contact with the police as a result of discrimination, then even if,
formally, every other step of the process functions impartially, minorities will,
similarly, be disproportionately represented throughout that pro cess. This
underscores the importance of strict non-discrimination at the policing stage. The
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14
15
16
17
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See, e.g., Standard Minimum Rules for the Treatment of Prisoners (revised 2015), rules 6, 41, 42
and 51; Body of Principles for the Protection of All Persons under Any Form of Detention or
Imprisonment, principles 5 and 14; Code of Conduct for Law Enforcement Officials, articles 2
and 3; Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; Basic
Principles on the Independence of the Judiciary, articles 2 and 6; Bas ic Principles on the Role of
Lawyers, articles 2 to 8; Guidelines on the Role of Prosecutors, articles 2 (b), 12 and 13 (a);
African Commission on Human and Peoples’ Rights, Guidelines on the Conditions of Arrest,
Police Custody and PreTrial Detention in Africa (Luanda Guidelines) (2014); and Inter -American
Commission on Human Rights, Principles and Best Practices on the Protection of Persons
Deprived of Liberty in the Americas (2008).
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, article 3;
Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law, para. 25; Guidelines on the Role of Prosecutors, articles 13 (b) and (d); and
European Union Directive 2012/29 on victims of crime.
Minorities Declaration, generally; ICCPR article 25 (c); Basic Principles on the Independence of
the Judiciary, article 10; Basic Principles on the Role of Lawyers, articles 10 and 11; Guidelines
on the Role of Prosecutors, article 2 (a); OSCE Lund Recommendation 6; Arab Charter,
articles 24 and 25; American Convention, article 23; and African Charter, article 13.
Available from http://www.osce.org/hcnm/32227. The Introduction affirms the relevance of the
Recommendations to religious, linguistic and cultural minorities as well.
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