or ethnic origin, and that they are opposed to their subordinates and lawyers show prejudice or discriminate against persons on the basis of their colour, race, national or religious origin, gender or other irrelevant basis. = At the sanction stage: In this regard, states parties should ensure that harsher sentences are not imposed solely on the basis of the accused's belonging to a particular racial or ethnic group. Special attention should be paid to the death penalty in countries which have not abolished it yet, considering that it persons belonging to minorities racial or ethnic origin are more often pronounced and executed. Regarding persons belonging to indigenous peoples, states parties are encouraged to promote the use of alternatives to imprisonment and the use of other sanctions appropriate to their customs and legal systems, taking into the ILO Convention No. 169 on Indigenous and Tribal Peoples. Lastly, it is recalled that penalties intended exclusively for non-nationals, such as sentences for expulsion, expulsion or prohibition of national territory, must be imposed only on an exceptional and proportionate basis for serious reasons of public order considered by the law, as well as respect for the private and family life of the persons concerned and the international protection due to them. = At the sentencing stage: Where persons belonging to racial or ethnic minorities are serving a term of imprisonment, the General Recommendation requests states to ensure: the enjoyment of all the rights recognized by the relevant international standards, in particular rights specially adapted to their situation: the right to respect their religious and cultural practices, the right to respect their eating habits, the right to have a relationship with their families, the right to the assistance of an interpreter, the right to basic social benefits, the right to consular assistance, the right of any prisoner whose rights have been violated to exercise an effective remedy before an independent and impartial authority; where appropriate, the application of the provisions of domestic legislation and international or bilateral conventions relating to the transfer of foreign prisoners, affording them the possibility of serving the prison sentence in their countries of origin; full compliance with the obligations of non-refoulment arising from international standards relating to refugees and human rights must be applied when sentences of expulsion or prohibition of national territory against non-nationals are imposed, ensuring that they are not returned to a country or territory where they are at risk of serious human rights abuses.

Select target paragraph3