(d)
The proportionately higher crime rates attributed to persons belonging to those groups,
particularly as regards petty street crime and offences related to drugs and prostitution, as indicators
of the exclusion or the non-integration of such persons into society;
(e)
The number and percentage of persons belonging to those groups who are held in
prison or preventive detention, including internment centres, penal establishments, psychiatric
establishments or holding areas in airports;
(f)
The handing down by the courts of harsher or inappropriate sentences against persons
belonging to those groups;
(g)
The insufficient representation of persons belonging to those groups among the ranks
of the police, in the system of justice, including judges and jurors, and in other law enforcement
departments.
2.
In order for these factual indicators to be well known and used, States parties should
embark on regular and public collection of information from police, judicial and prison authorities and
immigration services, while respecting standards of confidentiality, anonymity and protection of
personal data.
3.
In particular, States parties should have access to comprehensive statistical or other
information on complaints, prosecutions and convictions relating to acts of racism and xenophobia, as
well as on compensation awarded to the victims of such acts, whether such compensation is paid by
the perpetrators of the offences or under State compensation plans financed from public funds.
2. Legislative indicators
4.
The following should be regarded as indicators of potential causes of racial
discrimination:
(a)
Any gaps in domestic legislation on racial discrimination. In this regard, States
parties should fully comply with the requirements of article 4 of the Convention and criminalize all
acts of racism as provided by that article, in particular the dissemination of ideas based on racial
superiority or hatred, incitement to racial hatred, violence or incitement to racial violence, but also
racist propaganda activities and participation in racist organizations. States parties are also encouraged
to incorporate a provision in their criminal legislation to the effect that committing offences for racial
reasons generally constitutes an aggravating circumstance;
(b)
The potential indirect discriminatory effects of certain domestic legislation,
particularly legislation on terrorism, immigration, nationality, banning or deportation of non-citizens
from a country, as well as legislation that has the effect of penalizing without legitimate grounds
certain groups or membership of certain communities. States should seek to eliminate the
discriminatory effects of such legislation and in any case to respect the principle of proportionality in
its application to persons belonging to the groups referred to in the last paragraph of the preamble.
B. Strategies to be developed to prevent racial discrimination in the
administration and functioning of the criminal justice system
5.
following:
States parties should pursue national strategies the objectives of which include the
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