Mr Chair, Mr President, Madam Deputy High Commissioner for Human Rights,
Distinguished Delegates, Ladies and Gentlemen,
It is my great pleasure to be with you and to welcome you all to this eighth
session of the Forum on Minority Issues. This year’s session will address the
issue of minorities and the criminal justice process. It is a very relevant topic:
during the course of my mandate I have received numerous allegations of human
rights violations committed against minorities in all stages of the criminal justice
system as a result of their minority status, extending from police stops, through
pre-trial detention to sentencing. These allegations have prompted me to devote
particular attention to this issue not only by dedicating this session to the topic,
but also my report to the UN General Assembly which I had the honour to
present a few weeks ago.
International law protects persons in contact with the criminal justice system who
belong to national or ethnic, religious and linguistic minorities. It prohibits
discrimination in the administration of justice and creates positive obligations to
ensure that justice systems are sensitive to, and facilitate effective participation
of, minorities. However, other specific rights gain particular importance with
respect to particular stages of criminal justice: for instance, the right to life, the
right to liberty and security of person, the prohibition of torture and other forms
of cruel, inhuman or degrading treatment, the right to a fair trial and the right to
privacy are relevant to surveillance, stop and search, use of force, arrest,
questioning, pre-trial detention and criminal trial and sentencing. For minority
victims of crime, standards on the right to effective remedy and reparation, and
to participation and protection in the criminal justice process, are relevant.
Human rights standards also affirm that members of minorities must have equal
access to training and service as law enforcement officials, including within the
police, prosecution, judiciary and legal profession.
Let me highlight some specific concerns for minorities in the various stages of
the criminal justice process. The exercise of police powers bears a special
importance: should a disproportionate number of individuals from a minority
group find themselves in contact with the police as a result of discrimination,
then even if, formally, every other step of the process functions impartially,
minorities will be disproportionately represented throughout that process. This
underscores the importance of strict non-discrimination at the policing stage.
The risk of discrimination further increases when police forces do not reflect the
diversity within the population. Police often have wide-ranging discretionary
powers. Some discretion may be necessary owing to the nature of their work.
However, the broader the discretion, the greater the risk of its arbitrary or