A/HRC/26/50
C.
Ensuring better protection of victims and preventing racist and
xenophobic crimes against vulnerable groups
16.
Reports received indicate that acts motivated by racism, xenophobia and related
intolerance that are perpetrated by persons belonging or linked to extremist political parties,
movements and groups are not always prosecuted or adequately sanctioned. Cases of law
enforcement agents refusing to record or investigate acts of racial violence perpetrated by
individuals linked to extremist movements, groups or political parties were also reported.
Yet without investigation and prosecution, the rights of the victims to seek justice,
including access to effective remedies and reparation, are hampered. Some reports indicate
that in some instances, police officers did not intervene to stop harassment, verbal abuse
and violent attacks, particularly those targeting members of minorities, including Roma.
Similarly, the Special Rapporteur notes with concern that racist crimes committed by
individuals linked to extremist groups are sometimes sanctioned by particularly light
sentences within the justice system.
17.
The Special Rapporteur was also informed of cases of extremism in police forces. In
certain countries, some members of the police openly propagate extreme right, nationalist
and xenophobic ideas and discourse in their official capacity as guardians of the public
order and civil servants of the State. He is also concerned by allegations that such police
officers are also reluctant to intervene and receive complaints from victims of racist and
xenophobic crimes. That situation further reinforces the vicious cycle of impunity for the
extremist and vigilante groups that are responsible for such crimes. Furthermore, it
strengthens the legitimate fear of the victims, who are even more reluctant to report racist
or xenophobic acts, especially if they are in an undocumented situation.
18.
The Special Rapporteur urges States to duly prosecute and sanction those
responsible for racist and xenophobic violence, while taking into account the rights and
interests of the victims. It is important to ensure that mandatory training on human rights,
including on how to address racially motivated crimes committed by individuals linked to
extremist political parties, movements and groups, is undertaken by law enforcement
agents, including police officers, immigration and detention agents and other civil servants.
19.
The lack of reporting and the absence of reliable data remains a significant obstacle
to effectively addressing crimes motivated by racism, xenophobia and related intolerance
that are perpetrated by individuals closely linked to extremist political parties, movements
and groups. Information received indicates that victims do not report incidents for several
reasons, including fear of the police, lack of trust in the criminal justice system and in
public institutions in general, fear of reprisals, language barriers and ignorance of their
rights.
20.
The collection of accurate and up-to-date ethnically disaggregated data on racist and
xenophobic crimes is therefore important, since it may help inform policy decisions on
combating such crimes. The Special Rapporteur is concerned about the continued
underreporting of racist crimes as it distorts statistics and data, and may as a result create
the impression that crimes motivated by racism, xenophobia and related intolerance are less
prevalent than they actually are. The Special Rapporteur encourages States that have not yet
developed a system to collect ethnically disaggregated data to do so. He also reiterates the
importance of collecting accurate statistics and disaggregated data on racist, xenophobic
and homophobic crimes. He encourages States and civil society to establish detailed
systems for recording, reporting and monitoring all such incidents and to encourage victims
to report them.
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