Racial discrimination permeates all layers of the criminal justice system

The International Independent Expert Mechanism to Promote Racial Justice and Equality in Law Enforcement (EMLER) published a report detailing the discrimination experienced by Africans and Afrodescendants in their interactions with the justice system in three stages: before trial, during trial, and after conviction.

The report shows that all of these stages are rife with discrimination and exclusion that harm Black communities and limit their ability to fully enjoy their rights. From racial profiling to the death penalty, from the use of artificial intelligence tools to the so-called ‘war on drugs’, negative stereotypes derived from colonialism and enslavement condition the daily interactions of people of African descent with law enforcement.

‘Due to deficiencies in trials, Africans and people of African descent are more affected than others by wrongful convictions and miscarriages of justice,’ the report states, pointing to the specific cases of John Thompson and Kwame Ajamu, in the United States, and Carlos Edmilson da Silva, in Brazil, as symptomatic of this reality.

Racial discrimination continues beyond trials and extends to sentencing, deprivation of liberty and conditions of imprisonment, access to rehabilitation, parole and alternatives to detention, and access to appeal. EMLER experts found that, during their incarceration, people of African descent are subjected to more disciplinary measures and isolation, including prolonged isolation, more frequently than prisoners from other ethnic groups, which has serious psychosocial consequences. In addition, Africans and people of African descent are more likely to be subjected to excessive use of force, which can sometimes amount to torture.

The situation of Black children is also alarming. Members of the Expert Mechanism found that, in the United Kingdom, children of African descent are four times more likely to be arrested and three times more likely to be stopped and searched than white children. In the United States, children of African descent receive longer prison sentences compared to white children.

Looking at possible responses, the report lists a number of promising practices: the cashless bail system in Washington, D.C., the creation of guidelines like Mexico’s protocol for judging from an intercultural perspective, the provision of interpretation and translation services to support victims during criminal investigations and court proceedings, among others. In addition, the EMLER report sets out 12 key elements for a racially unbiased justice system, which include the use of disaggregated data, sentencing review, and equal access to bail and parole.

Read the full report in English here.