A/70/212
socioeconomics-related inability to post bail or otherwise meet conditions for
release. 43
31. Linguistic minorities may be unable to read and understand legal documents,
such as an appearance notice, and therefore become subject to an order for arrest
and pretrial detention; they may not understand their right to counsel or appreciate
that one is required; and they may have difficulty finding a legal representative who
can speak their mother tongue.
32. Particularly in legal systems where police and prosecutors have greater
discretion over pretrial detention, such detention may be deployed against
minorities as a form of duress in order to punish, obtain confessions or make it
easier to fabricate evidence. 44 Indeed, in some countries, the criminal justice system
may at times contribute to the oppression of certain minorities. 45
33. A person’s minority status can never be a sufficient reason for pretrial
detention. 46 The social, economic and cultural circumstances of minoritie s (e.g.,
with respect to bail, fixed address, employment and family ties) must be taken into
account when setting financial or other conditions for release so as to prevent
indirect discrimination. 47
34. Judicial guarantees, as provided in article 9 of the International Covenant on
Civil and Political Rights, must be fully respected with regard to any member of a
minority group, including: the right to be informed in a language that he or she
understands of the reason for arrest and any charges; the right to be promptly
brought before a judge; the right to trial within a reasonable time; and the right to
challenge the lawfulness of detention. Too often, the authorities are less diligent in
respecting these guarantees when the person is a member of a minority. 48
E.
Rights in relation to judicial procedures and hearings
35. Minorities facing judicial proceedings may experience particular obstacles to
realizing their rights to equality before the law, non -discrimination and a fair trial. 49
36. To overcome these challenges, some States include distinct courts or
procedures that incorporate aspects of the cultural, religious, linguistic or other
__________________
43
44
45
46
47
48
49
15-12578
E/CN.4/Sub.2/2005/7, para. 28; and report of the Working Group on Arbitrary Detention
E/CN.4/2006/7) (12 December 2005), para. 66.
E/CN.4/Sub.2/2005/7, para. 33, citing as examples reports of the Working Group on Arbitrary
Detention on missions: to Latvia (E/CN.4/2005/6/Add.2), Belarus (E/CN.4/2005/6/Add.3) and
China (E/CN.4/2005/6/Add.4).
For example, see communications to the Islamic Republic of Iran (IRN 19/2012; 23/2013;
13/2014; and 22/2014), Turkey (TUR1/2012), Sudan (SDN 9/2008) and Kyrgyzstan (KGZ 1/ 2011).
Human Rights Committee, General Comment 35 (2014) on article 9, paras. 17 and 38;
A/HRC/19/57/Add.3 (Working group on Arbitrary Detention, Germany 2012); CERD General
Recommendations 31 (2005), para. 26.(a); and Luanda Guideline 11 (a).
CERD General Recommendation 31 (2005), para. 26 (b) and (c) and CERD/C/AUT/CO/18-20
(CERD, 2012), para. 13.
Special Rapporteur on the situation of human rights in the Islamic Republic of Iran,
A/HRC/22/56 (28 February 2013), paras. 53-67; and A/69/356 (27 August 2014), para. 43.
E.g., Special Rapporteur on Myanmar, A/HRC/25/64 (2014), para. 51.
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