A/HRC/26/50 C. Ensuring better protection of victims and preventing racist and xenophobic crimes against vulnerable groups 16. Reports received indicate that acts motivated by racism, xenophobia and related intolerance that are perpetrated by persons belonging or linked to extremist political parties, movements and groups are not always prosecuted or adequately sanctioned. Cases of law enforcement agents refusing to record or investigate acts of racial violence perpetrated by individuals linked to extremist movements, groups or political parties were also reported. Yet without investigation and prosecution, the rights of the victims to seek justice, including access to effective remedies and reparation, are hampered. Some reports indicate that in some instances, police officers did not intervene to stop harassment, verbal abuse and violent attacks, particularly those targeting members of minorities, including Roma. Similarly, the Special Rapporteur notes with concern that racist crimes committed by individuals linked to extremist groups are sometimes sanctioned by particularly light sentences within the justice system. 17. The Special Rapporteur was also informed of cases of extremism in police forces. In certain countries, some members of the police openly propagate extreme right, nationalist and xenophobic ideas and discourse in their official capacity as guardians of the public order and civil servants of the State. He is also concerned by allegations that such police officers are also reluctant to intervene and receive complaints from victims of racist and xenophobic crimes. That situation further reinforces the vicious cycle of impunity for the extremist and vigilante groups that are responsible for such crimes. Furthermore, it strengthens the legitimate fear of the victims, who are even more reluctant to report racist or xenophobic acts, especially if they are in an undocumented situation. 18. The Special Rapporteur urges States to duly prosecute and sanction those responsible for racist and xenophobic violence, while taking into account the rights and interests of the victims. It is important to ensure that mandatory training on human rights, including on how to address racially motivated crimes committed by individuals linked to extremist political parties, movements and groups, is undertaken by law enforcement agents, including police officers, immigration and detention agents and other civil servants. 19. The lack of reporting and the absence of reliable data remains a significant obstacle to effectively addressing crimes motivated by racism, xenophobia and related intolerance that are perpetrated by individuals closely linked to extremist political parties, movements and groups. Information received indicates that victims do not report incidents for several reasons, including fear of the police, lack of trust in the criminal justice system and in public institutions in general, fear of reprisals, language barriers and ignorance of their rights. 20. The collection of accurate and up-to-date ethnically disaggregated data on racist and xenophobic crimes is therefore important, since it may help inform policy decisions on combating such crimes. The Special Rapporteur is concerned about the continued underreporting of racist crimes as it distorts statistics and data, and may as a result create the impression that crimes motivated by racism, xenophobia and related intolerance are less prevalent than they actually are. The Special Rapporteur encourages States that have not yet developed a system to collect ethnically disaggregated data to do so. He also reiterates the importance of collecting accurate statistics and disaggregated data on racist, xenophobic and homophobic crimes. He encourages States and civil society to establish detailed systems for recording, reporting and monitoring all such incidents and to encourage victims to report them. 6

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