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or primarily on the basis of their membership in a minority. Use by the police
of their power to conduct identity checks or to stop and search individuals
should be based on the requirement of individualized suspicion; and the use of
broader preventive powers should be strictly circumscribed. Police should be
required to record the reason for stopping, questioning or searching any person
and to provide the person with a copy of the record.
97. States should ensure that rules for use of force by police respect the
principles of necessity and proportionality, and that intentional use of lethal
force is restricted to situations where it is strictly unavoidable in order to save
life. Discriminatory patterns of use of excessive or otherwise unlawful force
should be independently and impartially investigated and the results should be
publicized.
98. States should establish mechanisms, policies and practices for communityoriented policing which bring together police agencies and minorities to
participate in the administration of justice, and to foster trust, dialogue and
partnership.
Rights in pre-detention and prison
99. States should assess whether minorities are disproportionately represented
in pretrial detention or prison, and take concrete measures to address the root
causes.
100. Conditions of detention or imprisonment, and the relevant staff, should
reasonably accommodate the cultural, dietary, religious and linguistic
characteristics of minority prisoners.
101. Places of detention should be subject to unannounced visits by
independent bodies which include adequate representation of minorities.
Judicial procedures and sentencing
102. States should ensure that minority accused receive legal assistance,
including free-of-charge assistance where necessary, without discrimination.
103. States should ensure free professional translation for minority accused
who are not fluent in the language used in court, and should allow those
persons to use the minority language. States should further consider
recognizing the right of members of minorities with significant population or
historical ties, whether nationally or locally, to have the proceedings conducted
in their own language.
104. Independent professional associations for judges, prosecutors and lawyers
should provide guidance and training, including with respect to implicit bias
and indirect discrimination; and there should be disciplinary consequences and
remedial measures when discrimination against minorities is practised.
105. Discrimination against minorities in jury selection procedures should be
explicitly prohibited.
106. States should ascertain whether minorities are subjected to harsher
penalties in sentencing or execution of sentence, identify any role that direct or
indirect discrimination plays in this regard, and take measures to eliminate it.
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