A/HRC/41/54/Add.2 violence were Black or minority ethnic people. In London, 80 per cent of those included in the Metropolitan Police’s “gang matrix” were Black or belonged to an ethnic minority; by contrast, only half of those convicted of serious youth violence were Black or minority ethnic people.68 41. During her visit to Her Majesty’s Young Offenders Institution Feltham, the Special Rapporteur learned of new initiatives intended to promote the principles of equality and non-discrimination within the facility and among incarcerated youth. 69 Among these initiatives was a programme by Kinetic Youth, an organization that facilitates youth education, including on issues of discrimination. 42. From 1 April 2017, all police forces across England and Wales commenced recording a broad range of data on the use of force, including on the reason for using force, on any injuries caused, on the gender, ethnicity and age of the subject involved and on the location and outcome of the incident. Home Office statistics show that in 2017/18 Black people were over three times more likely to be arrested than White people in England and Wales and that in London 53 per cent of people arrested were either Asian, Black, of mixed ethnicity or from another minority ethnic group. 70 A 2011 report by the Independent Office for Police Conduct on deaths in custody showed that across England and Wales racial and ethnic minorities were significantly more likely to be restrained than White people. 71 The Institute of Race Relation reports that between 1991 and 2014 it examined 509 cases of deaths in custody of Black and minority ethnic individuals and that of those deaths 348 took place in prison, 137 in police custody and 24 in immigration detention. In 48 of the cases the use of force might have contributed to death.72 Deaths of persons belonging to racial and ethnic minorities while in police custody or in prison reinforce these communities’ experience of systemic and structural racism, over-policing and criminalization. Failure properly to investigate those deaths and to prosecute those responsible results in impunity and a lack of accountability for individuals and State agencies. It also denies the right to adequate remedies and reparation for the families of the victims. 73 43. Submissions to the Special Rapporteur have underscored the disproportionate impact that generic austerity measures affecting prisons and the police have had on racial and ethnic minority communities. Community members, civil society organizations and civil servants with whom the Special Rapporteur met during her visit all said that the staffing shortages that have resulted from these cuts have played an important role in worsening policing and incarceration conditions, including in ways that harm racial and ethnic minorities, which are disproportionately represented in the criminal justice system. 44. Although racial and ethnic minorities are overrepresented in criminal justice enforcement, they are underrepresented within the institutions that adjudicate crime and punishment. The 2017 Judicial Diversity Statistics published by the Lord Chief Justice of England and Wales indicated that, as at 1 April 2017, 7 per cent of court judges were Black, Asian or of minority ethnic background. Of these, Asians and Asian British people accounted for 3 per cent and the remaining three groups – Black and Black British, mixed ethnicity and other ethnic group – accounted for approximately 1 per cent respectively. 74 Such a lack of racial and ethnic diversity contributes to the racially and ethnically disparate criminal justice outcomes documented in the present report. 68 69 70 71 72 73 74 12 Ibid., p. 11. A 2017 government report exposed serious rights violations at Feltham. A 2018 follow-up report indicates important improvements, including stronger institutional responses to complaints of discrimination among detained youth (www.justiceinspectorates.gov.uk/hmiprisons/wpcontent/uploads/sites/4/2018/05/Feltham-A-Web-2018.pdf, p. 31). www.ethnicity-facts-figures.service.gov.uk/crime-justice-and-the-law/policing/number-ofarrests/latest. https://webarchive.nationalarchives.gov.uk/20170914112706/http://www.ipcc.gov.uk/page/deathscustody-study. www.irr.org.uk/news/dying-for-justice/, p. 4. https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=23519. https://www.judiciary.uk/wp-content/uploads/2017/07/judicial-diversity-statistics-2017-1.pdf, p. 5

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