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criminal justice systems often have more to do with structural discrimination and factors
such as overpolicing of minority communities.
22.
States should develop a comprehensive set of standardized tools, including
computerized systems, that will assist them in evaluating the performance of their criminal
justice institutions against a set of objective standard criteria. Such criteria should include:
the type of rights violated at all stages of the criminal justice processes; the relevant
characteristics or status of the victims, including gender, and perpetrators, i.e. State agents,
private companies or individuals; the place and time of violations; and outcome of the
redress process, i.e. conviction, sentence and compensation. States should pay due attention
to the possibility that State agents perceive, either through training or implicit bias, that
minorities are more likely to be engaged in criminal activity than non-minorities, and
collect data to interrogate such perceptions.
23.
States should systematically classify complaints and reported cases of alleged
violations against minorities to support follow-up and allow for cross-sectional
comparisons over time and across the criminal justice system. To that end, States should
consider establishing coordinating committees or dedicated teams composed of
representatives from key criminal justice agencies to ensure that information on a case is
exchanged in a confidential, timely and efficient manner throughout the system and make
sure that all information on a case is computerized and simple to analyse.
24.
States are encouraged to conduct crime victimization surveys (or victim surveys),
which allow for a broader representation of crimes, including unreported crimes, and may
reveal specific details about victims and their experience of the criminal justice system,
offenders, and other characteristics of criminal incidents. This will enable a better
understanding of crime, including implications for minorities. The United Nations Office
on Drugs and Crime (UNODC) and the United Nations Economic Commission for Europe
Manual on Victimization Surveys provides practical guidance on carrying out such surveys,
framing questions concerning police reporting rates, methods of data analysis and
modalities for the presentation of findings that are relevant to the situation of minorities.
25.
States should consider conducting court user surveys to better understand user
experiences of courts. Such tools have proved effective in detecting the impact of backlogs,
delays in the delivery of justice outcomes, incidents of external pressure being applied,
corruption, lack of adequate resources or other aspects that particularly impact minorities.
Such surveys may trigger policy interventions and strengthen the capacity of the justice
sector agencies in terms of planning and budgeting, monitoring, high-level advocacy and
cross-sectoral dialogue, as well as in addressing the expectations of all sectors of society,
including minorities, revealing barriers to such expectations and offering the opportunity of
greater accessibility to the criminal justice system.
26.
States should collect and make public data on the composition of law enforcement
personnel and the judiciary, disaggregated by gender, ethnicity, profession and numbers in
each role, in order to provide policymakers and justice professionals with a practical and
detailed tool to better understand the constituents of the criminal justice system. This would
enhance transparency, may lead to greater public confidence in the criminal justice systems
and improve fairness and equality of opportunity, ultimately improving the efficiency and
quality of the criminal justice system.
27.
States should encourage and support non-governmental organizations, academic
institutions and researchers in undertaking independent studies on the situation of
minorities in the criminal justice system. States should ensure the removal of legislative or
bureaucratic obstacles that may hamper the research, production and publication of such
studies.
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