Racial Discrimination in the Administration of Justice

OSI's Open Society Justice Initiative submitted a brief to the UN Committee on the Elimination of Racial Discrimination prior to the opening on August 2, 2004 of its 65th Session, at which racism in criminal justice was discussed. The paper calls for a general recommendation on racial discrimination and the administration of justice.

According to the brief, "Racial discrimination in the administration of justice is a global problem which subverts the rule of law, undermines faith in the legal system, and results in victimization of racial and ethnic groups by the very institutions responsible for their protection. Discrimination exists at all levels of the criminal justice system, from racial profiling in the investigation of crimes, to disproportionate levels of police mistreatment during apprehension and/or custody, to the imposition of harsher sentences on members of certain racial/ethnic groups. In a mutually reinforcing cycle, the overrepresentation of minorities as victims and defendants in the criminal justice system undergirds prejudicial attitudes that—left unchecked—perpetuate further discrimination.

"Since September 11, 2001, many of these problems have intensified, and the challenge of addressing them has grown more urgent. Anti-Arab and anti-Muslim sentiments have increased in many countries, among justice system actors and the population at large. As racial profiling has become more prevalent and widely accepted, Middle Eastern, North African, and South Asian communities have been targeted for indiscriminate sweeps, investigations, and detentions. All too often, legal protections have been suspended or simply ignored, and individuals have suffered physical or verbal abuse, unlawful surveillance, or imprisonment for no reason other than their race, ethnicity, or place of origin. The officials responsible have rarely been held to account. Indiscriminate law enforcement and anti-terrorism tactics not only violate fundamental rights. They also divert scarce resources from more effective measures and discourage cooperation by members of affected communities."