(a)
That the mere fact of belonging to a racial or ethnic group or one of the
aforementioned groups is not a sufficient reason, de jure or de facto, to place a person in pretrial
detention. Such pretrial detention can be justified only on objective grounds stipulated in the law, such
as the risk of flight, the risk that the person might destroy evidence or influence witnesses, or the risk
of a serious disturbance of public order;
(b)
That the requirement to deposit a guarantee or financial security in order to obtain
release pending trial is applied in a manner appropriate to the situation of persons belonging to such
groups, who are often in straitened economic circumstances, so as to prevent this requirement from
leading to discrimination against such persons;
(c)
That the guarantees often required of accused persons as a condition of their
remaining at liberty pending trial (fixed address, declared employment, stable family ties) are weighed
in the light of the insecure situation which may result from their membership of such groups,
particularly in the case of women and minors;
(d)
That persons belonging to such groups who are held pending trial enjoy all the rights
to which prisoners are entitled under the relevant international norms, and particularly the rights
specially adapted to their circumstances: the right to respect for their traditions as regards religion,
culture and food, the right to relations with their families, the right to the assistance of an interpreter
and, where appropriate, the right to consular assistance.
C. The trial and the court judgement
27.
Prior to the trial, States parties may, where appropriate, give preference to
non-judicial or parajudicial procedures for dealing with the offence, taking into account the cultural or
customary background of the perpetrator, especially in the case of persons belonging to indigenous
peoples.
28.
In general, States parties must ensure that persons belonging to the groups referred to
in the last paragraph of the preamble, like all other persons, enjoy all the guarantees of a fair trial and
equality before the law, as enshrined in the relevant international human rights instruments, and
specifically.
1. The right to the presumption of innocence
29.
This right implies that the police authorities, the judicial authorities and other public
authorities must be forbidden to express their opinions publicly concerning the guilt of the accused
before the court reaches a decision, much less to cast suspicion in advance on the members of a
specific racial or ethnic group. These authorities have an obligation to ensure that the mass media do
not disseminate information which might stigmatize certain categories of persons, particularly those
belonging to the groups referred to in the last paragraph of the preamble.
2. The right to the assistance of counsel and the right to an interpreter
30.
Effectively guaranteeing these rights implies that States parties must set up a system
under which counsel and interpreters will be assigned free of charge, together with legal help or
advice and interpretation services for persons belonging to the groups referred to in the last paragraph
of the preamble.
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