4th Annual Session of the International Independent Expert Mechanism to Ad

In its first report to the Human Rights Council, the Expert Mechanism stated that “[i]nteractions with law enforcement officials and the criminal justice system are understood as encompassing notably, but not exclusively, stop-and search, arrest, determinations regarding pretrial preventive detention and denial of bail, access to justice, investigations, prosecutions, sentencing and deprivation of liberty.

The Expert Mechanism has stressed that “systemic racism often manifests itself in pervasive racial stereotypes, prejudice and bias and is frequently rooted in histories and legacies of enslavement, the transatlantic trade in enslaved Africans and colonialism.” This creates prejudice in different sectors of society, including the harmful association of Africans and people of African descent with criminality and delinquency. Such bias, associations and stereotypes have a direct impact on their interactions with the criminal justice system, which are often discriminatory or lead to disproportionate outcomes due to systemic racism.

The Expert Mechanism has also stated that racial biases and structural discrimination emanating from systemic racism can exist in all the phases of the criminal justice system. It has identified discriminatory interactions in relation to the application of bail and parole, the overuse of pretrial detention, interrogation practices, jury selection, excessive sentencing (including sentences beyond life expectancy and death sentences), over-incarceration, wrongful convictions, as well as discriminatory disciplinary sanctions in correctional facilities, such as solitary confinement, discriminatory ill-treatment and excessive use of force in detention, among others. In some countries, this leads to a general overrepresentation of Africans and people of African descent, including children, in detention and in criminal supervision such as probation or parole. Other issues such as the lack of prompt access to a lawyer and contact with family or other person of choice upon arrest, forced prison labour and restrictions to voting rights have also been identified, as well as specific impacts for people having mental health crises or people with mental health conditions or psychosocial disabilities, children, women, migrants and asylum seekers, and LGBTIQ+ persons, among others. The Expert Mechanism has also stated that drug control policies have a disproportionately harmful impact on Africans and
people of African descent.

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.

In this first consultation (before trial), participants are invited to discuss:

- Stop and search
- Racial profiling
- Role of the use of new technologies, including AI
- Arrest and police custody (including access to legal and procedural safeguards)
- Pre-trial detention, and bail
- Investigations and prosecutions

Guiding questions for this consultation include:

1. What are the experiences of Africans and people of African descent subjected to stop and search procedures compared to other racial groups? What data is available in this regard, and where are there gaps in data?

2. Is there any data on the outcome of these stop-and-search procedures (e.g. how frequently they lead to arrests)?

3. How is AI being used in law enforcement, and what are the implications for racial profiling and the impact on Africans and people of African descent? Are there accountability mechanisms in this regard?

4. What are the experiences of Africans and people of African descent in accessing legal and procedural safeguards in the first hours of police custody? How does this compare to other groups?

5. What is the impact of the criminalization of migration on African migrants and migrants of African descent?

6. What are the disparities in the use of pre-trial detention vs alternative measures to detention, such as bail, for Africans and people of African descent compared to other groups?

7. What measures are needed to ensure fairness and non-discrimination against Africans and people of African descent in the investigation and the prosecution phases?

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.

In the second consultation (during trial), participants are invited to discuss:

- Access to justice
- Judicial guarantees (to be informed of the charge, legal assistance, interpreter, etc)
- Fair trial guarantees (including selection of jurors)
- Sentencing, including sentences beyond life expectancy and death penalty

Guiding questions include:

1. What barriers do Africans and people of African descent face in accessing justice, and how can these be addressed to ensure equal access? (e.g. access to free legal counsel)?

2. What are the main infringements to the right to fair trial faced by Africans and people of African descent?

3. What measures can be implemented to ensure that jury selection processes are free from racial bias and discrimination against Africans and people of African descent?

4. What data is available regarding racial disparities in the sentencing of people of African descent? Is this consistent with your observations in this area? Is there a disproportionate impact of sentencing practices, such as life without parole or death sentences, on people of African descent?

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.

In the second consultation (during trial), participants are invited to discuss:

- Access to justice
- Judicial guarantees (to be informed of the charge, legal assistance, interpreter, …)
- Fair trial guarantees (including selection of jurors)
- Sentencing, including sentences beyond life expectancy and death penalty

Guiding questions include:

1. What barriers do Africans and people of African descent face in accessing justice, and how can these be addressed to ensure equal access? (e.g. access to free legal counsel)?

2. What are the main infringements to the right to fair trial faced by Africans and people of African descent?

3. What measures can be implemented to ensure that jury selection processes are free from racial bias and discrimination against Africans and people of African descent?

4. What data is available regarding racial disparities in the sentencing of people of African descent? Is this consistent with your observations in this area? Is there a disproportionate impact of sentencing practices, such as life without parole or death sentences, on people of African descent?

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.

In the third consultation (after trial), participants are invited to discuss:

- Deprivation of liberty
- Discriminatory treatment of prisoners, including: use of torture and other ill-treatment,
disciplinary measures: searches, solitary confinement
- Rehabilitation and preparation for release
- Access to parole and alternatives to detention
- Cases of miscarriages of justice
- Appeal proceedings

Guiding questions include:

1. What are the main factors contributing to the overrepresentation of Africans and people of African descent in detention and in other types of criminal supervision?

2. Are there disparities in granting parole to prisoners of African descent compared to other racial groups? Are alternatives to detention, such as probation or community service, applied with regard to people of African descent?

3. What data is available regarding discriminatory treatment of prisoners of African descent?

4. Have you identified disparities and/or discrimination in the application of disciplinary measures, such as searches and solitary confinement, towards prisoners of African descent?

5. What measures should be put in place to prevent and address the use of torture and ill-treatment against prisoners of African descent?

6. What rehabilitation programs are available for prisoners of African descent? What are the support systems in place to assist prisoners of African descent in their successful transition from incarceration to community life?

7. What are the barriers to justice faced by people of African descent seeking to appeal wrongful convictions? Are there any disparities in the outcomes of appeal cases for people of African descent compared to other racial groups?

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.

In the fourth consultation (intersecting factors of discrimination), participants are invited to discuss how race and ethnicity intersect with other factors of discrimination, such as sex, gender, age, disabilities, mental health condition, migratory status, sexual orientation and gender identity, among other things, and how this particularly affects individuals and groups in vulnerable situations.


Guiding questions include:

1. How do intersecting identities affect the way that individuals are treated in the criminal justice system?

2. How can the application of an intersectionality framework support greater protections for different groups of Africans and people of African descent who are exposed to multiple and intersecting forms of discrimination at different stages of the criminal justice system?

3. How do intersecting identities impact the likelihood of compounded forms of discrimination and disproportionate outcomes, including harsher sentences and regimes and lower access to alternatives to detention?

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.

In the fifth consultation (the root causes of systemic racism against Africans and people of African descent in the criminal justice system), participants are invited to discuss the root causes behind systemic racism against Africans and people of African in the criminal justice system. In this last panel, they are also invited to discuss the recruitment, retention and promotion of Africans and people of African descent among the different actors working in the criminal justice system (law enforcement, prosecutors, jurors, judges, etc), and how their underrepresentation may contribute to discriminatory practices within the system.

Guiding questions include:

1. How do the legacies of enslavement and the trade in enslaved Africans, and colonialism manifest in on current criminal justice systems and how do they contribute to racial bias and discrimination against Africans and people of African descent?

2. What, if any, influence do supremacist movements have on criminal justice actors, and does this play a role in the discrimination against Africans and people of African descent in criminal justice settings?

3. What is being done by States and other actors to address these legacies and tackle root causes, and what further measures are needed in this regard?

4. How does the underrepresentation of Africans and people of African descent among the different actors of the criminal justice system contribute to discriminatory practices within the criminal justice system?

5. What strategies can be implemented to improve the recruitment, retention, and promotion of people of African descent in the criminal justice system, and how effective are they in addressing racial disparities?

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.

In the fifth consultation (the root causes of systemic racism against Africans and people of African descent in the criminal justice system), participants are invited to discuss the root causes behind systemic racism against Africans and people of African in the criminal justice system. In this last panel, they are also invited to discuss the recruitment, retention and promotion of Africans and people of African descent among the different actors working in the criminal justice system (law enforcement, prosecutors, jurors, judges, etc), and how their underrepresentation may contribute to discriminatory practices within the system.

Guiding questions include:

1. How do the legacies of enslavement and the trade in enslaved Africans, and colonialism manifest in on current criminal justice systems and how do they contribute to racial bias and discrimination against Africans and people of African descent?

2. What, if any, influence do supremacist movements have on criminal justice actors, and does this play a role in the discrimination against Africans and people of African descent in criminal justice settings?

3. What is being done by States and other actors to address these legacies and tackle root causes, and what further measures are needed in this regard?

4. How does the underrepresentation of Africans and people of African descent among the different actors of the criminal justice system contribute to discriminatory practices within the criminal justice system?

5. What strategies can be implemented to improve the recruitment, retention, and promotion of people of African descent in the criminal justice system, and how effective are they in addressing racial disparities?

In examining how systemic racism affects Africans and people of African descent in the criminal justice system, speakers and participants are invited to discuss obstacles, challenges, lessons learnt and promising initiatives at different stages of the criminal justice proceedings, including before, during and after a trial. They will also explore how race and other intersecting factors contribute to discrimination against, and disproportionate outcomes for, Africans and people of African descent in the criminal justice system as well as the correlation between racial discrimination and the overrepresentation of Africans and people of African descent in detention.