- the failure of some criminal justice systems to protect certain minorities and the
excessive or otherwise arbitrary use of force against minorities;
- the problem of arbitrary arrests and detention disproportionately affecting certain
linguistic and ethnic minorities, creating a paradox of the protector becoming the
oppressor;
- the desire of some linguistic and cultural minorities, particularly where concentrated in
specific regions, to see court proceedings conducted in their language;
- the worrying trend towards discriminatory surveillance practices targeted against or
disproportionately affecting certain religious groups, and other discriminatory
enforcement of laws in relation to specific groups or areas;
- lack of accountability of police forces for their acts, which may reinforce a climate of
violence, discrimination and impunity;
- inaction by the police when persons belonging to minorities need their services, and
the phenomenon of blaming victims for attacks they have suffered.
Item IV. Challenges of criminal justice systems in addressing the needs and
demands of minorities
The session considered the specific challenges that minorities face in criminal judicial
proceedings, including obstacles to realizing their rights to equality before the law, to
non-discrimination and to fair trial. The session analysed experiences of minorities as
witnesses, victims and/or offenders at all stages of criminal proceedings, including
through the identification of discriminatory application of sentencing regimes, including
the use of the death penalty, and disparities in sentencing that may arise from intentional
prejudice or indirect discrimination. The session shared accounts of violence and abuse
(or exposure thereto) suffered by minorities in the context of detention and other forms of
deprivation of liberty, and identified necessary steps to prevent and address such acts.
The session discussed measures for guaranteeing an independent, impartial and
representative judiciary and for identifying strategies and practices to remove actual or
potential obstacles preventing minority victims from reporting a crime, to create an
enabling environment for minorities to have access to formal justice.
Mr André Salvador Bezerra, Judge and President of Associação dos Juízes para a
Democracia in Brazil, noted that in spite of a protective legal framework, minorities in
Brazil continue to suffer from what he described as racial domination. He pointed out the
disproportionately high incarceration rate and high police violence against Brazilians of
African descent. He also remarked on appalling prison conditions that allowed for torture
and sexual violence against women. Mr Bezerra recommended the use of recruitment
quotas to improve the representation of minorities in the judicial system, and called for
better access of minorities to free legal aid. He also called for the democratization and the
independence of the judiciary to prevent abuse of power. He also drew attention to the
importance of including a human rights component in the curriculum of law schools. He
shared examples of good practice for judges to exercise their powers in ways that
promote social rehabilitation.
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