A/HRC/31/72
D.
Independent oversight accountability and integrity mechanisms
89.
States should guarantee independent oversight and accountability mechanisms, by
ensuring independent examination of policies, programmes, recruitment practices and other
policing and security activities as a crucial element to upholding integrity, preventing and
deterring misconduct, and restoring or increasing public confidence in the justice system
and as an indispensable element of the rule of law.
90.
States should develop a specific code of conduct for court personnel to help
reinforce ethical and non-discrimination standards and to promote a culture of integrity
throughout the criminal justice system, including within the court system. Codes of conduct
should not simply articulate rules, but should foster the development of an ethical, efficient
and impartial staff.
91.
States should establish independent and effective mechanisms or dedicated
institutions with the mandate and technical capacity to receive and adjudicate complaints of
unlawful discrimination on the basis of race, colour, national origin, religion, age, sex,
sexual orientation, disability, gender identity or any other characteristic or status in the
criminal justice system. They should be able to remedy direct or indirect discriminatory
effects on the victim(s) and others, where appropriate. Retaliation against a person who
files a complaint, serves as a witness, assists or participates in any manner in this procedure
should be explicitly prohibited by law and result in prosecution and in disciplinary action
when appropriate. Such mechanisms and institutions should be fully accessible to persons
or groups belonging to minorities.
92.
States should establish internal and external oversight mechanisms that should be
given a range of powers, including the mandate to receive complaints about police abuse,
conduct self-initiated investigations of allegations of police abuse, refer cases for internal
police discipline, refer cases to the public prosecutor, impose disciplinary measures,
conduct broader studies on police conduct and/or propose police service reforms to the
police or the government. Oversight mechanisms should be provided with sufficient power
to perform their tasks independently, be adequately resourced, function with the support of
the public and the governance bodies, operate transparently making their reports public and
including members of minorities in all its aspects.
93.
In order to preserve and enhance police integrity, States must make sure that an
effective internal disciplinary system is applied in a fair way as a means to prevent
discriminatory behaviour within the police force. If misconduct occurs, it needs proper
investigation and correction, including by addressing the underlying causes of
wrongdoings. That requires challenging the persistence of a police codes of silence which
defeat transparency and accountability, act against independent internal and external
complaints system, and erode trust between minorities and the police, undermining the
creation of safer and fairer societies.
VI. Recommendations for non-State actors
94.
States commitment to combating bias and discrimination in the criminal justice
system requires a multi-stakeholder approach, including civil society, minority
communities, religious leaders, national human rights institutions and political leaders.
95.
National human rights institutions should be representative of the diversity in their
respective community and should seek to create dedicated oversight mechanisms, allocating
appropriate resources and expertise to systematically assess and report on the situation of
minorities within the criminal justice process, focusing on the behaviour of the police, the
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