States should also set up specialized centres for victims of crimes, such as sexual
and domestic violence, and to facilitate access to these centres.
If minority victims feel that law-enforcement agencies are unwilling to take their
perspective into account or to protect them from repeat victimization, including
retaliation for having reported a crime, then their confidence in the police and
the wider judicial system will decline, leaving them feeling that justice is beyond
their reach. It is important to point out that crimes motivated by ethnic hatred
may be committed against entire minority communities and not just persons
belonging to these communities. In this case, law-enforcement agencies should
adapt their support and protection measures to ensure that they can encompass
whole communities. In addition to the risk of repeat victimization, law-enforcement
officials should be sensitive to the fact that minority victims, and female victims
in particular, may be subject to secondary victimization through the response of
the judicial system and individuals to the crimes perpetrated against them. Police
officers, lawyers, judges and prosecutors should always take into account the
victim’s perspective as well as the context in which the crime against individual
minorities or their community was committed.
In the course of criminal proceedings, persons belonging to minority communities
may be called to provide testimony. By doing so, they can put themselves and
their families at risk of retaliation and may be in need of protection before, during
and after trial. Witnesses and their families may require police protection or even
to enter witness protection programmes, which can include relocation. Achieving
a satisfactory level of protection for witnesses from minority communities may
be particularly difficult given their specific socio-economic, cultural and linguistic
circumstances. For instance, a balance needs to be found between respect for
outward cultural and religious symbols associated with minority communities and
the need for protecting the identity of witnesses originally from that community.
States should make sure that every possible effort is made to address the challenges
related to the protection of witnesses belonging to minority communities to avoid
hindering the pursuit of justice.
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The Graz Recommendations on Access to Justice and National Minorities