not to use weapons and tactics that unnecessarily provoke, frighten or harm
national minorities. Arbitrary arrests, illegal detentions, stop and search schemes,
abusive sweep operations in minority community areas, checkpoints and vehicle
inspections that target persons belonging to minorities because of their appearance
or stereotypes about them (i.e. racial profiling) instead of their individual behaviour
are all extremely damaging to relations between minorities and law-enforcement
agencies and should be discontinued. Professional standards and operational
policies grounded in the principle of equal treatment and integrating international
policing standards should be developed as a matter of priority, while a rigorous
complaints process should be put in place to encourage members of the public,
including persons belonging to national minorities, to report violations by lawenforcement agencies.
7.
Victim support services and witness protection measures should be
sensitive to the needs of persons belonging to national minorities, and
of minority women in particular.
States need to take into account the needs of persons belonging to national minorities
when providing assistance to minority victims of crime.45 The Recommendations on
Policing note that “States need to establish national structures that are capable
of delivering victim support services locally and services that are accessible to
and appropriate for the needs of all ethnic groups.”46 This is particularly important
as minority victims, and victims of hate crime in particular, may be reluctant to
report crimes owing to a history of negative experience with law-enforcement
agencies, a lack of trust in the judicial system or a lack of knowledge about their
rights and criminal justice in general. Minority victims may also be concerned that
the crimes (in particular sexual crimes) perpetrated will not be investigated and
prosecuted diligently on account of their ethnic identity and gender, fear of reprisals
45
46
30
See UN General Assembly (1985) Declaration of Basic Principles of Justice for Victims of Crime and
Abuse of Power (A/RES/40/34, 96th plenary meeting); Council of Europe (1985) Recommendation No.
R (85) 11 on the Position of the Victim in the Framework of Criminal Law and Procedure (adopted by
the Committee of Ministers at the 387th Meeting of the Ministers’ Deputies); Council of Europe (2006)
Recommendation Rec (2006) 8 on Assistance to Crime Victims (Adopted by the Committee of Ministers
on 14 June 2006 at the 967th Meeting of the Ministers’ Deputies); Council of Europe (2011)
Convention on Preventing and Combating Violence against Women and National Violence (CETS
No.210); and European Union (2012) Directive 2012/29/EU Establishing Minimum Standards on the
Rights, Support and Protection of Victims of Crime.
HCNM (2006) Recommendations on Policing, explanatory note to Recommendation 20.
The Graz Recommendations on Access to Justice and National Minorities