or ethnic origin, and that they are opposed to their subordinates and lawyers show prejudice or
discriminate against persons on the basis of their colour, race, national or religious origin, gender or
other irrelevant basis.
= At the sanction stage:
In this regard, states parties should ensure that harsher sentences are not imposed solely on the basis
of the accused's belonging to a particular racial or ethnic group.
Special attention should be paid to the death penalty in countries which have not abolished it yet,
considering that it persons belonging to minorities racial or ethnic origin are more often pronounced
and executed.
Regarding persons belonging to indigenous peoples, states parties are encouraged to promote the
use of alternatives to imprisonment and the use of other sanctions appropriate to their customs and
legal systems, taking into the ILO Convention No. 169 on Indigenous and Tribal Peoples.
Lastly, it is recalled that penalties intended exclusively for non-nationals, such as sentences for
expulsion, expulsion or prohibition of national territory, must be imposed only on an exceptional and
proportionate basis for serious reasons of public order considered by the law, as well as respect for
the private and family life of the persons concerned and the international protection due to them.
= At the sentencing stage:
Where persons belonging to racial or ethnic minorities are serving a term of imprisonment, the
General Recommendation requests states to ensure:
the enjoyment of all the rights recognized by the relevant international standards, in particular rights
specially adapted to their situation: the right to respect their religious and cultural practices, the right
to respect their eating habits, the right to have a relationship with their families, the right to the
assistance of an interpreter, the right to basic social benefits, the right to consular assistance, the right
of any prisoner whose rights have been violated to exercise an effective remedy before an
independent and impartial authority;
where appropriate, the application of the provisions of domestic legislation and international or
bilateral conventions relating to the transfer of foreign prisoners, affording them the possibility of
serving the prison sentence in their countries of origin;
full compliance with the obligations of non-refoulment arising from international standards relating to
refugees and human rights must be applied when sentences of expulsion or prohibition of national
territory against non-nationals are imposed, ensuring that they are not returned to a country or
territory where they are at risk of serious human rights abuses.