A/70/212
H.
Minority victims and witnesses
1.
Access to justice for victims
63. Minority victims of crimes are entitled to equal access to justice and
reparation; indeed, the special needs of minorities should be taken into account in
the provision of victim services and assistance. 90 In practice however, these rights
are often not respected or fulfilled. 91
64. Police may not investigate crimes committed against minorities with the
diligence accorded crimes against other victims, whether owing to deliberate
discrimination or because more subtle prejudices negatively impact their assessment
of the complainants’ credibility. 92 This problem can be exacerbated when police
officers are accused. 93
65. Minority victims may be reluctant to report the crime to police, 94 owing to a
history of negative experiences with the authorities, lack of faith in the justice
system, or lack of knowledge of their rights or lack of practical information such as
on where and how to make a complaint. They may fear that bringing themselve s to
the attention of the authorities will generate more suspicion and result in
persecution of themselves, their family or their community. They may have a fear of
reprisals from the perpetrators of the crime owing to a lack of confidence that
authorities will protect them, pursue the investigation or take the perpetrators into
custody. Some may fear deportation, particularly if they do not have recognized
legal status in the country.
66. Members of a minority may also view the justice system as a whole a s “alien”
and to be avoided, particularly if the State has failed to make efforts to guarantee
effective participation of the minority by ensuring: that minorities are represented in
the police, judiciary, prosecution and legal profession; that law enforce ment
agencies have an accessible and welcoming physical presence in the community;
and that practices and symbols of the justice system are inclusive of the minority.
67. Multiple forms of discrimination which may further curtail access to justice
can also arise from within the minority community. 95 Minority women may face
multiple stigmas in relation to their ethnic or religious background, their sex, and
the nature of the crime of which they were the victim. In India, for instance, Dalit
women subjected to violence reportedly face unnecessary delays and pressure to
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90
91
92
93
94
95
18/27
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, paras . 3 and
17; and OSCE Recommendation 20 on Policing in Multi -Ethnic Societies.
See, e.g., CERD/C/MAR/CO/17-18 (CERD, 2010); CAT/C/SWE/CO/6-7 (CAT, 2014);
CERD/C/THA/CO/1-3 (CERD, 2012); CCPR/C/URY/CO/5 (Human Rights Committee, 2013);
CERD/C/TCD/CO/16-18 (CERD, 2013); CERD/C/CHL/CO/19-21 (CERD, 2013);
CCPR/C/BOL/CO/3 (Human Rights Committee, 2013); and Minority Rights Group International,
“No change in sight: the situation of religious minorities in post-Mubarak Egypt”, December
(2013), pp. 18-19.
See communications received by the Special Rapporteur on minority issues, PAK 14/2014 and
IND 4/2014, on allegations of police neglect of minority women.
See, for example, European Court of Human Rights cases condemning lack of investigations in
respect of incidents between police and Romas: Stoica v. Romania (04.03.2008), Mizigàrovà v.
Slovakia (14.12.2010), and Fedorchenko and Lozenko v. Ukraine (20.09.2012).
European Union Agency for Fundamental Rights, EU-MIDIS Data in Focus Report: Minorities
as Victims of Crime (Vienna, 2012).
CERD/C/ECU/CO/20-22 (CERD, 2012), para. 23.
15-12578