Extra-legal, Arbitrary and Summary Executionsi and the Principles on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.ii
C. Initiation of judicial proceedings
15.
States parties should remind public prosecutors and members of the prosecution
service of the general importance of prosecuting racist acts, including minor offences committed with
racist motives, since any racially motivated offence undermines social cohesion and society as a
whole.
16.
In advance of the initiation of proceedings, States parties could also encourage, with a
view to respecting the rights of the victims, the use of parajudicial procedures for conflict resolution,
including customary procedures compatible with human rights, mediation or conciliation, which can
serve as useful options for the victims of acts of racism and to which less stigma may be attached.
17.
In order to make it easier for the victims of acts of racism to bring actions in the
courts, the steps to be taken should include the following:
(a)
Offering procedural status for the victims of racism and xenophobia and associations
for the protection of the rights of such victims, such as an opportunity to associate themselves with the
criminal proceedings, or other similar procedures that might enable them to assert their rights in the
criminal proceedings, at no cost to themselves;
(b)
Granting victims effective judicial cooperation and legal aid, including the assistance
of counsel and an interpreter free of charge;
(c)
Ensuring that victims have information about the progress of the proceedings;
(d)
Guaranteeing protection for the victim or the victim’s family against any form of
intimidation or reprisals;
(e)
Providing for the possibility of suspending the functions, for the duration of the
investigation, of the agents of the State against whom the complaints were made.
18.
In countries where there are assistance and compensation plans for victims, States
parties should ensure that such plans are available to all victims without discrimination and regardless
of their nationality or residential status.
D. Functioning of the system of justice
19.
States parties should ensure that the system of justice:
(a)
Grants a proper place to victims and their families, as well as witnesses, throughout
the proceedings, by enabling complainants to be heard by the judges during the examination
proceedings and the court hearing, to have access to information, to confront hostile witnesses, to
challenge evidence and to be informed of the progress of proceedings;
(b)
Treats the victims of racial discrimination without discrimination or prejudice, while
respecting their dignity, through ensuring in particular that hearings, questioning or confrontations are
carried out with the necessary sensitivity as far as racism is concerned;
(c)
Guarantees the victim a court judgement within a reasonable period;
6