II. Steps to be taken to prevent racial discrimination
with regard to victims of racism
A. Access to the law and to justice
6.
In accordance with article 6 of the Convention, States parties are obliged to guarantee
the right of every person within their jurisdiction to an effective remedy against the perpetrators of
acts of racial discrimination, without discrimination of any kind, whether such acts are committed by
private individuals or State officials, as well as the right to seek just and adequate reparation for the
damage suffered.
7.
In order to facilitate access to justice for the victims of racism, States parties should
strive to supply the requisite legal information to persons belonging to the most vulnerable social
groups, who are often unaware of their rights.
8.
In that regard, States parties should promote, in the areas where such persons live,
institutions such as free legal help and advice centres, legal information centres and centres for
conciliation and mediation.
9.
States parties should also expand their cooperation with associations of lawyers,
university institutions, legal advice centres and non-governmental organizations specializing in
protecting the rights of marginalized communities and in the prevention of discrimination.
B. Reporting of incidents to the authorities
competent for receiving complaints
10.
States parties should take the necessary steps to ensure that the police services have
an adequate and accessible presence in the neighbourhoods, regions, collective facilities, camps or
centres where the persons belonging to the groups referred to in the last paragraph of the preamble
reside, so that complaints from such persons can be expeditiously received.
11.
The competent services should be instructed to receive the victims of acts of racism
in police stations in a satisfactory manner, so that complaints are recorded immediately, investigations
are pursued without delay and in an effective, independent and impartial manner, and files relating to
racist or xenophobic incidents are retained and incorporated into databases.
12.
Any refusal by a police official to accept a complaint involving an act of racism
should lead to disciplinary or penal sanctions, and those sanctions should be increased if corruption is
involved.
13.
Conversely, it should be the right and duty of any police official or State employee to
refuse to obey orders or instructions that require him or her to commit violations of human rights,
particularly those based on racial discrimination. States parties should guarantee the freedom of any
official to invoke this right without fear of punishment.
14.
In cases of allegations of torture, ill-treatment or executions, investigations should be
conducted in accordance with the Principles on the Effective Prevention and Investigation of
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