systems, the victims’ role in criminal proceedings is already minimal and secondary. In some
countries, for example, the victim is treated merely as a witness and cannot take part in
arguments or sue for damages in criminal proceedings. As a victim or a witness of a crime, filing
a complaint or taking steps to obtain protection is never easy and this is especially so if he or she
belongs to a minority group. Fear of retaliation, lack of trust in the justice system’s ability to
protect rights of individuals belonging to a minority group and lack of resources due to social
and economic disempowerment are some of the reasons why minority victims and witnesses can
be reluctant, or even fearful, in initiating or pursuing legal measures to protect themselves or
redress their injury.
2. Measures to protect minorities’ rights in the criminal justice system, including
victims and witnesses
One of the measures that can increase protection for minorities’ rights in provision of
legal aid is to develop a national strategy for legal aid, ideally as a part of the comprehensive
strategy on criminal justice system. Although primarily a responsibility of the State, the strategy
will be made more effective in addressing the needs of the intended beneficiaries of legal aid if
its development is held in close consultation with key stakeholders such as bar associations, law
enforcement authorities, prosecutors, the judiciary, NGOs and civil society organizations. A
national strategy that: (i) identifies the needs and demand of legal aid with due regard for
minorities and other vulnerable groups; and (ii) identifies and implements appropriate methods
of delivery according to those needs is essential in increasing protection of minorities’ rights in
the criminal justice system.
Another good practice in ameliorating infringement of rights of individuals belonging to
minorities groups is development and promulgation of a professional code of conduct for legal
aid providers. Professional codes of conduct are often developed by bar associations and in some
countries, regulated by law. But in many countries, lawyers are not always a member of a bar
association and thus are not bound to comply with professional standards. Moreover, in some
countries, paralegals, who are not subject to lawyers’ code of conduct, can also provide legal aid
services. As such, a good practice in improving services and conduct by legal aid providers is to
incorporate quality standards for legal aid providers that includes duty treat individuals
belonging to a minority group fairly and with dignity. The professional code of conduct should
also include, inter alia, a duty to protect the interests of clients regardless of background, a duty
to act with integrity and independence as well as a duty to act impartially.
A good practice in enhancing assistance and protection of minority victims and witnesses
is providing specialized training to criminal justice officers (e.g. police, prosecutors, legal aid
providers, judges) in dealing with victims including special categories of victims. Such training
programmes can cover the particular needs and circumstances of members of ethnic or racial
minorities, such as the impact of certain crimes on minority victims. Being cognizant of and
taking cultural implications into consideration improves the criminal justice system’s ability to
assist and protect minority victims and witnesses of crimes. This also applies to offenders from
minority groups.
VI.
Overrepresentation of Minorities in Detention and Imprisonment
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