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- Jean-Jacques Gautier NPM Symposium 2015 Outcome Report
• Out on the Inside. The Rights, Experiences and Needs of LGBT People
in Prison, Irish Penal Reform Trust, February 2016
• Learning lessons bulletin, PPO investigations, Prison and Probation
Ombudsman (UK), Issue 3, January 2017
2.2.6. Ethnic minorities and indigenous prisoners
Some ethnic minorities and indigenous prisoners may be vulnerable in
detention because of their social status, prejudices and stereotypes they
face in society. These are often exacerbated in the criminal justice system.
Thus, ethnic minorities and indigenous persons may be overrepresented
as criminal defendants, as well as in prisons. This is due to a variety of
factors – their social status and related behaviour subject to formal
social control, prejudices among the police, prosecutors and judges, their
selective targeting by the criminal justice system, lack of translation and
interpretation, and poor quality of the legal assistance they receive. Thus,
e.g. in Bulgaria, while ethnic minorities represent around 17% of the
persons who are arrested by the police according to the official statistics,
they constitute more than 50% of the prison population.
Like in the case of other vulnerable groups, ethnic minorities and indigenous
prisoners should benefit from anti-discrimination provisions at the national
and at the international level. Without exception, these provisions include
race, ethnicity or affiliation with a national minority as protected grounds.
Article 27 of the International Covenant on Civil and Political Rights (ICCPR)
and the provisions of the Council of Europe Framework Convention for the
Protection of National Minorities guarantee the rights of ethnic minorities
and indigenous people in community with other members of their group,
to enjoy their own culture, to profess and practice their own religion, or to
use their own language, including where appropriate in interaction with
administrative and judicial authorities.
Several “soft law” documents of the CoE contain specific standards for
treatment of ethnic and linguistic minorities in prisons. They focus on
the accommodation of their cultural practices and linguistic needs. Rule
38.3 of the EPR requires that the state use competent interpreters and
Prisoners in a Situation of Vulnerability
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