A/70/212
cases. 30 A pattern of racially discriminatory treatment, including in the use of force,
by law enforcement officers in the United States of America has recently triggered
urgent discussion within the United States and beyond on how to br ing such
violations to an end. 31
26. States must ensure full compliance with the requirements of proportionality
and strict necessity in any use of force against persons belonging to ethnic, national
and other minorities, with intentional use of lethal force being restricted to
situations where it is strictly unavoidable to save life. 32 Victims, families and others
who allege unlawful use of force must have access to impartial, independent and
effective complaints mechanisms, and police officers involved must be held
accountable, including criminally. 33
27. The elevated risk and frequency of torture and other ill treatment of minorities
has been widely reported and documented. 34 The Convention against Torture
explicitly recognizes “discrimination of any kind” as among the purposes of torture.
The Committee has emphasized States’ positive obligations to take measures
specifically designed to protect individuals and groups made vulnerable by
discrimination or marginalization, including minoritie s. 35 States must ensure that
minority victims receive effective redress through, for example: creating culturally
sensitive collective reparations measures; providing, in rules of procedure and
evidence, that testimony from minorities must be given equal weight and
discriminatory evidence excluded; and establishing units of police officers
specifically trained to respond to cases of violence against ethnic, national, rel igious
and other minorities. 36
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30
31
32
33
34
35
36
15-12578
See, inter alia, CERD/C/BEL/CO/16-19 (CERD, 2014), para. 12; CAT/C/NOR/CO/6-7
(Committee against Torture, 2012); A/HRC/24/52/Add.2 (WGPAD mission to Panama, 2013);
CERD/C/RUS/CO/20-22 (CERD, 2013); CCPR/C/TJK/CO/2 (Human Rights Committee, 2013);
CAT/C/USA/CO/3-5 (Committee against Torture, 2014); CERD/C/MNE/CO/1 (CERD, 2009),
CERD/C/GRC/CO/16-19 (CERD, 2009); and CAT/OP/KGZ/1 and Corr.1 (report on the visit of
the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment to Kyrgyzstan, 2014), para. 23.
See Investigation of the Ferguson Police Department, United States Department of Justice, Civil
Rights Division, March 2015; Amnesty International USA, “Deadly force: police use of lethal
force in the United States”, June 2015, p. 7; CCPR/C/USA/CO/4 (Human Rights Committee,
2014), para. 11; and “Legitimate concerns over outcome of Michael Brown and Eric Garner
cases: UN rights experts”, OHCHR Press release, 5 December 2014.
CERD General Recommendation No. 31 (2005), paras. 2 1-22; UN Code of Conduct for Law
Enforcement Officials; Basic Principles on the Use of Force and Firearms by Law Enforcement
Officials, paras. 5 and 9; report of the Special Rapporteur of the Human Rights Council on
extrajudicial, summary or arbitrary executions (A/66/330), 2011; and CCPR/C/USA/CO/4
(Human Rights Committee, 2014), para. 11.
Basic Principles on the Use of Force and Firearms, paras. 7 and 23; Principles on the Effective
Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, paras. 1, 9 and 18.
E.g., report of the Special Rapporteur of the Human Rights Council on torture and other cruel,
inhuman or degrading treatment or punishment (A/64/215 and Corr.1) (3 August 2009), para. 40;
fourth annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (CAT/C/46/2) (2011), para. 107 (j); and CAT/C/52/2 (2014),
paras. 80-82.
Committee against Torture, General Comment 2(CAT/C/GC/2) (2008), paras. 20-24; and OSCE
Recommendation on Policing 15.
Committee against Torture, General Comment 3 (CAT/C/GC/3) (2012), paras. 8, 23, 29 and
32-35; and. OSCE Recommendation on Policing 15.
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