A/HRC/14/18 independent and impartial manner. In case of misconduct by law enforcement officials, sanctions and disciplinary measures should be implemented accordingly. It was also noted that it would be useful to have in place paralegal systems of reconciliation and mediation. 77. The expert noted that structural discrimination occurred more often in the process of arrest and prosecution of people of African descent. The phase of questioning, interrogation and arrest was of essential importance for the trial. In that delicate phase people could be mistreated by officials and racial profiling might occur. Violence, acts of torture, cruel, inhuman or degrading treatment by law enforcement officials should be punished without delay. Strict principles regarding the use of force by the police must be in place and special attention should be paid to the principle of proportionality. The arrested persons must fully enjoy their fundamental right of defence. That was particularly important in the initial phase of the arrest. Specific rules should be observed with regard to pretrial detention and bail should be proportionate to the economic situation of the arrested person. 78. Mr. Sicilianos pointed out that very often the presumption of innocence was discarded. The media also played a negative role in the creation and perpetuation of stereotypes, affecting the course of the judicial proceedings. It was important that journalists were properly trained to prevent such mistakes. 79. An observer noted that the justice system went beyond the area of criminal justice and that it was also important to analyse school practices where adolescents who were expelled from schools were more vulnerable to recruitment by gangs. Another area that deserved attention was the child welfare system, where disproportionately large numbers of children of African descent were taken away from their families, making them more vulnerable to recruitment by criminal organizations. The observer also suggested that the Working Group devote an entire session to justice systems. 80. At the 5th meeting, David Fathi, Director of the National Prison Project of the American Civil Liberties Union, also made a presentation on the issue of structural discrimination in the administration of justice. He also recalled general recommendation No. 31 of the Committee on the Elimination of Racial Discrimination. He noted that people of African descent were overrepresented among the prison population in many States. They, together with indigenous peoples, were more likely to be incarcerated than white persons, and for longer periods. 81. The panellist noted that in many States, police had little discretion with regard to serious crimes such as murder. By contrast, with crimes that were very common and relatively minor, police had greater discretion as to whether, and how, they enforced the law. That strongly affected the racial composition of those arrested. Another factor was the decision by legislators to punish some crimes more harshly than others. Mr. Fathi also underlined the importance of the quality of free legal representation. He also emphasized that disaggregated data was needed in order to more fully understand the phenomenon of disproportionate incarceration of people of African descent. 82. The panellist pointed out that people of African descent were more likely to receive the death penalty than others convicted of similar crimes – the so called “race of defendant” effect. In some jurisdictions, such as Saudi Arabia, foreign nationals, often of African descent, were sentenced to death in disproportionate numbers, while in the United States, the strongest racial disparity is related not to the race of the defendant but rather to the race of the victim. A defendant who was convicted of killing a white person was far more likely to receive the death penalty than one who was convicted of killing a black person. 83. Mr. Fathi also noted that many States barred either some or all incarcerated persons from voting and some States even denied the right to vote to some former prisoners. The combination of disproportionate incarceration of people of African descent with the denial of the right to vote constituted a self-reinforcing process as their ability to change laws and 13