E/CN.4/2004/80/Add.2 page 22 Internally displaced persons 81. A national body should be established as a matter of priority to deal with persons internally displaced for any reason, and should be provided with the necessary resources to care for their needs, including, where necessary, compensation for damage. Justice 82. The system of justice for indigenous people should be thoroughly reviewed at the national level, with broad-based and flexible criteria and extensive participation by the indigenous people. 83. Agrarian justice should also be reviewed as it affects the collective rights of the indigenous communities and peoples, bearing in mind traditional methods of land use and customary forms of solving conflicts and disputes. 84. More specifically, it is recommended that the office of the agrarian procurator should maintain closer contact with indigenous agrarian groups; the personnel (inspectors, agrarian lawyers and interns) working in areas where there are indigenous people need to have the right profile; there need to be more bilingual personnel; and they need to be effective in defending and advising indigenous people on agrarian questions before the courts. 85. The agrarian courts, in all cases involving indigenous people, should have available official translators and defence counsel familiar with the culture and circumstances of the indigenous communities. It is a matter of urgency to consolidate, train and extend the coverage of bilingual translators in courts and public prosecutors’ offices, and official defence lawyers in indigenous areas. 86. It is a matter of urgency to review the case files of all indigenous persons prosecuted in federal, civil and military courts so as to identify and, where necessary, remedy any irregularities, particularly as regards environmental, agrarian and health offences. 87. The National Commission for the Development of the Indigenous Peoples should be assigned a greater role in the expert assessment and early release of indigenous prisoners. The Special Rapporteur also recommends closer work, in matters of justice for indigenous people, with the institutions ensuring and dispensing justice, in all areas, with the judiciary itself, and in advisory services to State and municipal bodies, with civil society organizations. 88. The national system of ombudsmen (National and State Human Rights Commissions) should pay increased attention to indigenous human rights, with particular stress on the judicial system. 89. All police personnel from any force, military personnel or civil authority guilty of the physical or mental torture of indigenous or non-indigenous detainees should be prosecuted and punished, while torture as an offence should be incorporated into the criminal codes of the States.

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