discriminatory exercise, particularly in the absence of effective independent
oversight mechanisms. Furthermore, police practices that impact a certain
minority excessively tend to reinforce the sentiment among the members of the
group that they are not an integral part of society. Such practices can also
contribute to the creation of a vicious circle of tension between the police and
minority communities.
I receive many reports regarding racial profiling, and the disproportionate
targeting by police of individuals for identity checks, stop and search or other
forms of coercive or privacy invasive police powers which are related purely to
identity-based minority group characteristics. Moreover, a serious concern is the
subjection of minorities to excessive and sometimes lethal use of force, torture
or other ill treatment in detention, which in many cases results in the lack of
prompt and impartial investigations and accountability of the responsible police
officers.
A worrying trend is the overrepresentation of minorities in pre-trial detention.
Minorities may also face more frequent or longer periods of pre-trial detention
owing to a number of reasons, including: lack of access to a lawyer; lesser
quality of the lawyers assigned to them; experience of discriminatory attitudes by
police, prosecutors, and judges or even by the same lawyers assigned to defend
them. Minorities may also be ill prepared with respect to responding to criminal
procedures due to poverty, stigmatization or lack of knowledge; sometimes their
disadvantaged socioeconomic situation prevent them from posting bail or
otherwise meeting conditions for release.
In relation to judicial procedures and hearings, minorities may experience
particular obstacles to realizing their rights to equality before the law,
non-discrimination and a fair trial. These include unequal access to legal aid,
which may not be readily available, or if so, often of low quality. Linguistic
barriers may also pose problems for linguistic minorities accessing the justice
system. Bias against minorities within judicial systems remains a real concern.
The partiality of judicial personnel, including judges, members of juries and
prosecutors may impact not only on the outcome of a trial itself, but also on
sentencing. Indeed, research demonstrates that minorities often face a greater
likelihood of a prison sentence rather than conditional release, greater likelihood
of longer terms of imprisonment or a sentence of life imprisonment without
possibility of parole, as well as greater likelihood of imposition of the death
penalty.
Discrimination against minorities in pretrial detention and post-conviction
imprisonment is of concern: minorities may experience poorer treatment or