should not be lowered for national minorities, and the obligation on the part
of the interrogating officers to identify themselves should remain in place.
The electronic recording of interrogations, an additional safeguard against
ill-treatment, should be encouraged. The standards of detention facilities
provided for minority detainees should not be inferior to those provided to
persons from other communities.
ii. Imprisonment
Rehabilitation and reintegration (as called for by the International Covenant on
Civil and Political Rights) may be particularly difficult to achieve for persons
belonging to national minorities because they run the risk of being further
discriminated against and stigmatized on account of their prison sentence.52
While prisoners from minority communities should always be treated with dignity
and with respect for their identity, States should also put in place policies on
prison management that facilitate their rehabilitation as a means to buttress
social cohesion.
Non-discriminatory prison rules grounded in international standards for the
treatment of prisoners should be designed and communicated by prison
administrators to staff and to all prisoners.53 This can be done by handing out
copies of such rules and regulations to all prisoners and by making sure that
they are provided to minority prisoners in a language they understand, and
preferably in their language. Correctional staff should also receive training to
make them more sensitive to the needs of male and female prisoners from
minority backgrounds. They should also be able to communicate with minority
prisoners in a language they understand and preferably in their language. In
addition, correctional staff should also include minority employees to reflect
society’s diversity (see Recommendation 5).
Independent bodies (such as national human rights institutions, civil society
organizations, national preventative mechanisms and the ICRC) should provide
ongoing monitoring of possible discrimination in the prison environment,
and a complaints mechanism should be available to minority prisoners.
52
53
International Covenant on Civil and Political Rights (1976), article 10.3.
Also known as the Nelson Mandela Rules, international standards for the treatment of all prisoners are
found in the United Nations Standard Minimum Rules for the Treatment of Prisoners (2015). See also
Standard Minimum Rules for the Treatment of Prisoners adopted by the First United Nations Congress
on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the
Economic and Social Council by its resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May
1977.
36
The Graz Recommendations on Access to Justice and National Minorities