to carry out effective investigations into allegations of ill-treatment, torture or unlawful
killings, in accordance with the United Nations Principles on the matter.
= At the stage of referral to justice, states are requested, for example:
to provide with a procedural status for victims and associations for the defence of victims of
racism and xenophobia, such as the possibility of constituting a civil party or other similar
modalities, enabling them to assert their rights in the criminal trial, at no cost to them;
to provide victims with effective legal and judicial assistance, including the free assistance of
a lawyer and an interpreter;
to provide victims or their relatives with protection against any form of intimidation or
retaliation;
to ensure that all victims are provided with the assistance and compensation mechanisms
provided for them, without discrimination and regardless of their nationality or residence
status.
= At the stage of the trial, states are encouraged to place sufficient emphasis on the victims, their
families and witnesses throughout the proceedings, by allowing the complainants to be heard by the
judges within the framework of the trial, to have access to information, to confront unfavourable
witnesses, to challenge evidence, to be informed of the progress of the proceedings, to receive fair
and adequate compensation for the harm suffered, all within a reasonable time, without
discrimination or prejudice and with respect for the dignity due to the victims of racial discrimination.
***
3- Measures for "prosecuted persons" in order to prevent racial discrimination against them in the
functioning of criminal justice:
The measures recommended by the General Recommendation concern each stage of the procedure
Regarding persons prosecuted or "defendants":
= At the stage of arrest, interrogation and arrest of persons, states shall:
to take the necessary measures to exclude interpellations, arrests and searches based
exclusively on the persons’ physical appearance, colour, features, belonging to a "visible
minority" or a racial or ethnic group, as well as any "profiling" that exposes them to greater
suspicion;
to prevent and punish violence, cruel, inhuman or degrading treatment and all human rights
violations against persons belonging to racial or ethnic minorities, especially when committed
by state agents;