worse conditions of detention than other groups. Authorities often fail to respect
standards that are especially important for minorities relating to religious and
cultural practices, customs as regards food, relations with family members and
assistance of an interpreter.
I have received numerous reports which revealed that police may not investigate
crimes committed against minorities with the diligence accorded to crimes
against other victims, whether owing to deliberate discrimination or because
more subtle prejudices negatively impact their assessment of the complainants’
credibility. This problem can be exacerbated when police officers are accused.
Moreover, minority victims may be reluctant to report the crime to police, owing
to a history of negative experiences with the authorities, lack of faith in the justice
system, lack of knowledge of their rights or lack of practical information such as
on where and how to make a complaint. They may fear that bringing themselves
to the attention of the authorities will generate more suspicion and result in
persecution of themselves, their family or their community. Members of a
minority may also view the justice system as a whole as “alien” and to be
avoided, particularly if the State has failed to make efforts to guarantee effective
participation of minorities. States must ensure that members of marginalized
minority communities are made aware of their rights as victims, and that
mechanisms are specifically designed to facilitate their access to justice.
Targeted assistance programmes for minority victims, dealing with emotional
trauma, participation in the criminal justice process, and receiving reparation and
rehabilitation, should be developed in cooperation and consultation with the
minority community, publicized through minority media and in minority
neighbourhoods, and provided in minority languages.
Studies suggest that minorities are largely underrepresented in law enforcement
agencies, judiciaries, prosecution services and legal professions around the
world. Diversity not only reinforces the legitimacy of the criminal justice
process, but also ensures that it can draw on the range of experiences of the
society as a whole, and contributes to ensuring effective minority participation.
Non-discrimination and promotion of cultural diversity should be part of the
professional training of all staff within the criminal justice system.
The draft recommendations acknowledge that a fundamental barrier to progress
in the area of combating discrimination in the criminal justice system is the failure
of many States to collect and analyse disaggregated data in order to assess the
scale and character of violations, and to measure progress in addressing them,
including through accountability measures. States should collect comprehensive
and disaggregated data on the involvement of persons belonging to minority
groups in all aspects of the administration of justice.