to ensure that the general principle of proportionality and strict necessity for the use of force
against persons belonging to racial or ethnic minorities is respected;
to guarantee to all arrested persons, whatever their racial, national or ethnic affiliation, the
enjoyment of all the procedural rights enshrined in international conventions;
to ensure that persons who are placed in administrative detention centres or waiting areas at
airports enjoy sufficiently decent living conditions.
= At the stage of pre-trial detention:
Considering the data showing an excessively high number of non-nationals and persons
belonging to racial or ethnic minorities among pre-trial detainees, states are requested to
ensure that:
simple membership of a racial or ethnic group should not be sufficient reason, de jure or
facto, to place a person in pre-trial detention before judgment;
to apply in an appropriate manner the requirement of a security or financial guarantee in the
situation of persons belonging to racial or ethnic minorities, who are often in a precarious
economic situation;
assesse with the guarantees of representation often required of pre-trial detainees as a
condition for their continued release (fixed residence, declared work, stable family ties)
considering the precarious situation that may result from their belonging to racial or ethnic
minorities;
persons belonging to racial or ethnic minorities who are incarcerated before trial must enjoy
all the rights recognized by the relevant international standards, especially rights specially
adapted to their situation: the right to respect for their religious, cultural and the right to
family relations, the right to the assistance of an interpreter, the right to consular assistance,
where appropriate.
= At the trial and trial stage:
States are required to ensure the enjoyment of all persons belonging to racial or ethnic minorities, as
well as to all persons, all the guarantees of fair trial and equality before the law as enshrined in
international relevant instruments on human rights: the right to the presumption of innocence; the right
to free counsel and interpreter assistance for persons belonging to disadvantaged groups, in
particular racial or ethnic minorities; the right to an independent and impartial tribunal, prohibiting any
racial or xenophobic prejudice by the magistrates, jurors and other judicial personnel.
The General Recommendation invites States to take into account the "Bangalore Principles on
Judicial Conduct" adopted in 2002 (E / CN.4 / 2003/65), which recommend, in particular, that
judges should be aware of the diversity of Society and racial or other differences, that they do not
show bias in their speech or behaviour towards persons or groups of persons based on their racial