A/HRC/54/CRP.7
26 September 2023
English only

Human Rights Council
Fifty-fourth session

International Independent Expert Mechanism to Advance
Racial Justice and Equality in the Context of Law Enforcement
Visit to the United States of America *

* The information contained in the present document should be read in conjunction with the annual
report of the International Independent Expert Mechanism to Advance Racial Justice and Equality in
the Context of Law Enforcement (A/HRC/54/69), to be submitted to the Human Rights Council at its
fifty-fourth session, pursuant to Council resolution 47/21.

A/HRC/54/CRP.7

I.

Introduction
1.
Pursuant to Human Rights Council resolution 47/21, and at the invitation of the
Government, the International Independent Expert Mechanism to Advance Racial Justice and
Equality in the Context of Law Enforcement (The Expert Mechanism) undertook a visit to
the United States of America (the United States or the US) from 24 April to 5 May 2023,
where it visited the District of Columbia, Atlanta, Los Angeles, Chicago, Minneapolis and
New York City.
2.
The delegation included Dr. Tracie Keesee 1 and Prof. Juan Méndez 2, members of the
Expert Mechanism. Justice Yvonne Mokgoro 3 (Chair) guided and participated in the
planning, but was regrettably unable to join the visit as she was on medical leave. The
Secretariat and the two other Mechanism experts wish to honour all the work and guidance
of Justice Mokgoro, whose impact endures despite her absence.
3.
During the visit, the Mechanism held dozens of meetings with federal and local
authorities, judicial authorities, law enforcement, affinity groups of Black law enforcement
officers, police unions, civil society organizations, among others. The experts heard direct
testimony from 133 affected individuals, 4 in five different cities, and received several others
from detainees during the visits to five different detention centres. The Mechanism also
received dozens of written submissions that informed the present report.
4.
The Expert Mechanism wishes to thank the Government of the United States of
America for accepting its request to visit the country. The Mechanism is appreciative of the
genuine cooperation extended throughout the visit, including for the numerous informative
meetings with representatives of federal, state and local authorities and in the visit of five
detention centres.
5.
The Experts would also like to extend its deep appreciation to all the people met
during the country visit, especially victims, their relatives, and all other affected communities
and individuals who presented testimony before the Mechanism. The Expert Mechanism also
thanks all the contributors of written submissions.

1

2

3

4

2

Dr. Tracie L. Keesee (United States of America) served for 25 years in the Denver Police Department
and subsequently served as New York City Police Department’s (NYPD) Deputy Commissioner of
Training and Deputy Commissioner of Equity and Inclusion. She served as Project Director of the
National Initiative for Building Community Trust and Justice - a US Department of Justice project
designed to improve relationships and increase trust between minority communities and the criminal
justice system. She was also Adjunct Professor at the University of Colorado Denver, teaching
courses on race, crime and justice. She is Co-Founder and Senior Vice President of Justice Initiatives
of the Center For Policing Equity, which promotes police transparency and accountability.
Prof. Juan E. Méndez (Argentina) is professor of human rights law in residence at the American
University-Washington College of Law and member of the Board of Trustees of the UN Voluntary
Fund for Victims of Torture. He was UN Special Rapporteur on torture; Special Advisor to the UN
Secretary-General on the Prevention of Genocide and President of the International Center for
Transitional Justice, as well as former Commissioner and President of the Inter-American
Commission on Human Rights. He is commissioner to the International Commission of Jurists and
was Special Advisor on Crime Prevention to the Prosecutor of the International Criminal Court. He
also worked with Human Rights Watch for 15 years and was the Executive Director of the InterAmerican Institute of Human Rights.
Justice Yvonne Mokgoro (South Africa) is a former justice of the Constitutional Court of South
Africa. She served on the South African Law Reform Commission and as President of Africa Legal
Aid (AFLA). She is Chairperson of the Nelson Mandela Children’s Fund and she served as Acting
Justice at the Lesotho Appeals Court, the Namibia Supreme Court and as Chairperson of the United
Nations Internal Justice Council. She has held academic positions at the University of
Bophuthatswana, University of the Western Cape and University of Pretoria and has taught also in the
United Kingdom, the United States and the Netherlands.
See the Annex to the present report for the list of affected individuals who provided testimony before
the Mechanism during the visit to the United States of America.

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6.
In the District of Columbia, the Mechanism met with several representatives of the
Federal government, including from the Department of State; 5 the Department of Justice; 6
the Department of Homeland Security; 7 and members of the Domestic Policy Council of the
Executive Office of the President at the White House. The Mechanism also met
Congressional Staff at Capitol Hill, and with the National Organization of Black Law
Enforcement Executives (NOBLE) and the United Nations Anti-Racism Coalition
(UNARC). The Mechanism regrets not having met with Members of Congress or Supreme
Court Justices despite being requested.
7.
In Atlanta (Georgia), the Mechanism met with the Atlanta Police Department, the
Georgia Bureau of Investigations (GBI), the Georgia Chapter of the National Organization
of Black Law Enforcement Executives (NOBLE), the Carter Center and the American Civil
Liberties Union (ACLU). At the Auburn Avenue Research Library on African American
Culture & History, the Expert Mechanism heard 39 victims’ testimonies related to police
violence, policing in schools, access to justice, and detention including forced labour and
solitary confinement. 8
8.
In Los Angeles (California), the experts met with the Los Angeles Police Department
(LAPD); the Office of the Mayor, specifically with the Deputy Mayor for Community Safety
and the Deputy Mayor for Public Safety; and the Los Angeles County Sheriff’s Department.
The Expert Mechanism visited four Los Angeles County detention facilities: the Men’s
Central Jail, the Twin Towers Correctional Facility, the Inmate Reception Center and the
Century Regional Detention Facility (Women’s jail in Lynwood, California). The experts
also met with the Oscar Joel Bryant Foundation. At the Los Angeles Community Action
Network, the Mechanism heard 26 victims’ testimonies, primarily regarding police violence,
access to justice, homelessness and law enforcement, Haitian migrants and asylum seekers,
and conditions of detention in Los Angeles County Jails and other state prisons. 9
9.
In Chicago (Illinois), the Mechanism met with the Chicago Police Department, the
Black Public Safety Alliance and the Cook County Sheriff’s Office, specifically with the
Cook County Department of Corrections, and conducted a visit to the Cook County Jail. At
the DuSable Black History Museum & Education Center, the Mechanism heard 30 victims’
testimonies mostly regarding police violence, torture, political prisoners, wrongful
convictions and wrongful deaths, and youth, women and law enforcement. 10
10.
In Minneapolis (Minnesota), the Mechanism met with different city authorities,
including Mayor Jacob Frey, the Community Safety Commissioner, the Civil Rights
Department and the Office of Police Conduct Review. At the Urban League Twin Cities, the

5
6

7

8

9

10

The Bureau of International Organization Affairs, the Bureau of International Narcotics and Law
Enforcement Affairs, and the Special Representative for Racial Equity and Justice.
The Civil Rights Division, the Federal Bureau of Investigations (FBI), the Drug Enforcement
Administration (DEA), the Bureau of Prisons (BOP), the Office of Community Oriented Policing
Services (COPS), the Bureau of Justice Statistics (BJS) and the National Institute of Justice (NIJ).
The Office for Civil Rights and Civil Liberties (CRCL), U.S. Citizenship and Immigration Services
(USCIS), Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection
(CBP).
The Mechanism is grateful to the following organizations for its support in the organization of these
hearings: Mothers Against Police Brutality, UN Antiracism Coalition (UNARC), Malcolm X
Grassroots Movement, Southern Center for Human Rights, Spelman College, Malcolm X Center for
Self Determination, and the Southern Poverty Law Center.
The Mechanism is grateful to the following organizations for its support in the organization of these
hearings: Nathaniel H. Pickett II Foundation, Inc., UN Antiracism Coalition (UNARC), Los Angeles
Community Action Network (LACAN), Haitian Bridge Alliance, International People’s Democratic
Uhuru Movement (InPDUM), Black Alliance for Just Immigration (BAJI), and Black Lives Matter
Los Angeles.
The Mechanism is grateful to the following organizations for its support in the organization of these
hearings: The 411 Movement for Pierre Loury, UN Antiracism Coalition (UNARC), Women’s All
Points Bulletin, National Alliance Against Racist & Political Repression, and Chicago Torture Justice
Center.
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Mechanism heard 16 victims’ testimonies principally regarding police violence, policing in
schools, access to justice, solitary confinement, and youth and law enforcement. 11
11.
In New York City (New York), the Mechanism met with the Office of the New York
State Attorney General, including with the Office of Special Investigation. At the Malcolm
X and Dr. Betty Shabazz Memorial & Educational Center, the Mechanism heard 22 victims’
testimonies principally regarding police violence, stop and frisk practice, access to justice,
incarceration and conditions of detention at Rikers Island jail facilities and other state prisons,
and criminalization of migration. 12 The Mechanism deeply regrets not having had the
opportunity to meet any New York City authority, nor to visit the Rikers Detention Facilities
(Rikers Island), despite having made the requests in advance and having had a previous
informative meeting with the Mayor's Office. 13
12.
The Expert Mechanism also engaged in a fruitful and informative conversation with
the Fraternal Order of Police (FOP), the US largest union of sworn law enforcement
officers. 14
13.
In accordance with the Mechanism’s mandate detailed in Human Rights Council
resolution 47/21, the visit sought to focus on both good practices and challenges faced by the
United States of America in upholding its human rights obligations on non-discrimination in
the context of law enforcement and the criminal justice system, with a focus on Africans and
people of African descent. With the purpose of advancing racial justice and equality in this
context, the Mechanism highlights different concerns and makes a series of recommendations
in this regard.

II. Background
14.
The United States of America is a party to, inter alia, the International Convention on
the Elimination of Racial Discrimination, the International Covenant on Civil and Political
Rights and the Convention against Torture and Other Cruel Inhuman or Degrading Treatment
or Punishment.
15.
It has a population of approximately 332 million people, of which approximately 205
million are “White alone” (62%), 62 million Hispanic or Latino of any race (19%) and 42
million are Black or African American (13%). 15
16.
As a federation, the United States comprises 50 states, the District of Columbia, and
other territories, with 3,234 counties or county equivalents. It has at least 18,878 different
law enforcement agencies (federal, state, local, and tribal) 16 and more than 6,364 detention
facilities, including 1,566 state prisons, 98 federal prisons, 3,116 local jails, 1,323 juvenile
correctional facilities, 181 immigration detention facilities, and 80 Indian country jails. 17

11

12

13
14
15
16
17

4

The Mechanism is grateful to the following organizations for its support in the organization of these
hearings: Families Supporting Families Against Police Violence, UN Antiracism Coalition
(UNARC), Atlas of Blackness, Urban League Twin Cities/Minneapolis, RFK Human Rights,
University of Minnesota, Center for Victims of Torture, and Advocates for Human Rights.
The Mechanism is grateful to the following organizations for its support in the organization of these
hearings: Alliance of Families for Justice, UN Antiracism Coalition (UNARC), Black Alliance for
Black Immigration, December 12th Movement, International Association Against Torture, National
Lawyers’ Guild, and National Conference of Black Lawyers.
The Mechanism sent written questions to the NYC Mayor's Office after the visit, which have not been
answered at the time of publishing this report.
With more than 364,000 members and 2,200 lodges, according to their webpage:
https://fop.net/about-the-fop/
2020 Census Results: https://www.census.gov/en.html
According to the Federal Bureau of Investigation (FBI), Crime Data Explorer, Law Enforcement
Collection. See: https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/le/pe
See: Prison Policy Initiative (using official figures), “Mass Incarceration: The Whole Pie 2023”,
March 2023, https://www.prisonpolicy.org/reports/pie2023.html

A/HRC/54/CRP.7

17.
During the visit, the Mechanism was informed of different measures taken in recent
years by the US Federal Government to try to address the issue of systemic racism against
Africans and people of African descent, including Executive Order 13985 of January 20,
2021 on “Advancing Racial Equity and Support for Underserved Communities Through the
Federal Government”; the Executive Order 14035 of June 25, 2021, “Diversity, Equity,
Inclusion, and Accessibility in the Federal Workforce”; the “Executive Order on Advancing
Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and
Public Safety” of 25 May 2022 18, the Executive Order 14089 of December 13, 2022 that
establishes the “President's Advisory Council on African Diaspora Engagement in the United
States”; and the more recent Executive Order 14091 of February 16, 2023 on “Further
Advancing Racial Equity and Support for Underserved Communities Through the Federal
Government”. The Mechanism welcomes these executive orders, seeing them as a first step
to advance racial justice and equality in the context of law enforcement and the criminal
justice system in the United States.

III. Systemic Racism
18.
Systemic racism against Africans and people of African descent, including as it relates
to structural and institutional racism, is understood to be the operation of a complex,
interrelated system of laws, policies, practices and attitudes in State institutions, the private
sector and societal structures that, combined, result in direct or indirect, intentional or
unintentional, de jure or de facto discrimination, distinction, exclusion, restriction or
preference on the basis of race, colour, descent or national or ethnic origin. 19 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. 20
19.
Systemic racism against Africans and people of African descent exists in the United
States and is a legacy of slavery and the transatlantic trade in enslaved Africans. The end of
this heinous market and the abolition of slavery 158 years ago by the 13th Amendment of the
United States Constitution did not in itself delete the racially discriminatory structures created
by those practices. Those structures of racism, racial discrimination, inequalities,
marginalization, exclusion and subordination, although to a lesser extent, are still felt to this
day.
20.
The abolition of slavery in 1865 was followed in the South by a short period that
historians have called “Reconstruction”, in which the federal government attempted to ensure
the access by former slaves to the full benefits of citizenship. Soon thereafter, however, the
white majorities in Southern states enacted a series of measures labelled “Jim Crow laws”
that imposed a system of segregation in housing, education, employment and access to all
services. These laws were upheld by the Supreme Court in Plessy v Ferguson under the
doctrine of “separate but equal” which in effect crystalized a system of inequality and
oppression against people of African descent. This legalized system of American apartheid
ended in 1954 with the Supreme Court decision in Brown v Board of Education of Topeka,
and other decision extending the principle of equality and integration to housing, employment
and voting rights, culminating in the Civil Rights Act of 1965. The present state of race
relations in the United States is a legacy both of slavery and the slave trade and of the one

18

19
20

“Executive Order on Advancing Effective, Accountable Policing and Criminal Justice Practices to
Enhance Public Trust and Public Safety,” The White House, May 25, 2022,
https://www.whitehouse.gov/briefing-room/presidential-actions/2022/05/25/executive-order-onadvancing-effective-accountable-policing-and-criminal-justice-practices-to-enhance-public-trust-andpublic-safety/; See also: Justice Department Fact Sheet on Implementing Executive Order on
Advancing Effective, Accountable Policing, and Criminal Justice Practices to Enhance Public Trust
and Public Safety, last updated 31 May 2023. Available on: https://www.justice.gov/olp/justicedepartment-fact-sheet-implementing-executive-order-advancing-effective-accountable
A/HRC/47/53, para 9.
A/HRC/47/53, para 9.
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hundred years of de jure discrimination against people of African descent that followed the
abolition of slavery.
21.
The systemic racism faced today by Africans and people of African descent in the US
is deeply affected also by intersectionality, that is, in combination with several other
identities, including sex, gender, gender identity, sexual orientation, nationality, migration
status, disability, religion, socioeconomic and other status. Women and girls of African
descent experience greater forms of discrimination arising not only from their racial or ethnic
origin and their sex, but also with gender-based discrimination and stereotyping. Migrants of
African descent, including Haitian migrants, also face larger forms of discrimination arising
from their nationality and migration status.
22.
Systemic racism against Africans and people of African descent in the US affects their
enjoyment of human rights in every part of their life. Its contemporary manifestations include
several forms of marginalization, both socioeconomic and in terms of civil and political
rights.

23. Indeed, systemic racism is also present in the context of law enforcement and the
criminal justice system in the United States, as described below. This has long been
documented by United Nations Human Rights Mechanisms, with multiple recommendations
already made. 21
24.
Systemic racism creates prejudice in different sectors of society including harmful
associations of Blackness with criminality and delinquency. This has a direct impact on the
interactions of Africans and people of African descent with law enforcement officials and the
criminal justice system.

25.

The Mechanism is of the view that systemic racism and racial discrimination by law
enforcement officials in the United States against Africans and people of African descent is
a direct legacy of slavery, and dates back to the foundation of the country. The Mechanism
encourages the United States to tackle the enduring challenges with a transitional justice
approach; one focused on truth-seeking, justice, reparations and guarantees of non-repetition.
Such an approach can shed light on the root causes of systemic racism and related injustice
and violence, to dismantle this legacy of slavery and move forward.

IV. Law enforcement
A. A human rights-based approach to policing
26.
Human rights are rights we have simply because we exist as human beings - they are
not granted by any State (as opposed to Civil Rights). The United States has obligations and
duties under international law to respect, protect and fulfil human rights. A Human rightsbased approach to policing is a comprehensive, systematic and institutional approach to law
enforcement that complies with international human rights standards and practices, and that
promotes analysing policies and actions through the tripartite obligations to respect, protect
and fulfil. Law-enforcement officers must be fully aware of all their human rights

21

6

See recommendations of Treaty Bodies: the Committee on Racial Discrimination concluding
observations of May 2008 (CERD/C/USA/CO/6); August 2014 (CERD/C/USA/CO/7-9); and
September 2022 (CERD/C/USA/CO/10-12); and their statement of 2020 under its Early Warning and
Urgent Action Procedure; the Committee Against Torture concluding observations of December 2014
(CAT/C/USA/CO/3-5); and the Human Rights Committee (CCPR/C/USA/CO/4) concluding
observations of April 2014; and recommendations of Human Rights Council Special Procedures:
report of the Special Rapporteur on minority issues of 2022 (A/HRC/49/46/Add.1); report of the
Special Rapporteur on extreme poverty and human rights of 2018 (A/HRC/38/33/Add.1); report of
the Working Group on Arbitrary Detention (A/HRC/36/37/Add.2) of 2017; report of the Special
Rapporteur on the rights to freedom of peaceful assembly and of association of 2017
(A/HRC/35/28/Add.2); reports of the Working group of Experts on People of African Descent of
2016 (A/HRC/33/61/Add.2) and of 2010 (A/HRC/15/18); and the report of the Special Rapporteur on
contemporary forms of racism of 2008 (A/HRC/11/36/Add.3)

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responsibilities, considering their work as duty bearers towards right holders, that is the
individuals and community they serve. Law enforcement agencies must ensure that policies
and actions of individual law-enforcement officers reflect international human rights norms
and standards without being influenced by considerations such as personal or political
preferences.
27.
During the visit, the Mechanism could feel the profound lack of trust of people of
African descent in law enforcement and the criminal justice systems, mainly due to the
historical and continuous police violence suffered, and the sense of systemic oppression and
impunity for these violations, as described below. The Mechanism is troubled by this deeply
rooted lack of trust and considers that a human rights-based approach in policing can try to
reverse these deficits. This approach provides a framework for law enforcement institutions
to build public trust and ensures confidence in the commitment of public officials to respect
and protect the communities they serve. For example, a sound legal framework on the use of
force establishes in clear and predictable terms modalities of oversight and basis for
accountability. The Mechanism calls on the US to respect, protect and fulfil all human rights,
establishing a substantial human rights-based approach in all public policies and practices,
including in policing.

B. Use of force regulations
28.
During the visit, the Mechanism was informed that not all States in the US have
regulations on the use of force and that there is no full nationwide regulation on the topic,
with only a Supreme Court doctrine 22 and Fourth Amendment rights applicable. 23 The
Mechanism is concerned that existing local and national standards on the use of force by law
enforcement officials, including the Supreme Court rulings and the Department of Justice’s
updated policy 24, do not meet international standards. 25
29.
The Mechanism is profoundly concerned that this current regulatory situation is
conducive to the early and unjustified use of force, including lethal force, by law
enforcement. The Mechanism has received evidence suggesting that numerous law
enforcement practices do not prioritize de-escalation and other less harmful methods of

22

24

25

According to information received, the US Supreme Court ruled in Tennessee v. Garner 417 U.S 1
(1985) that lethal force may not be used unless it is necessary to prevent escape of someone where the
officer has probable cause to believe that the suspect committed a crime involving the infliction or
threatened infliction of serious physical harm or where the officer has probable cause to believe that
the suspect poses a significant threat of death or serious physical injury to the officer or others. Also,
in Graham v. Connor, the US Supreme Court established the standard by which a jury is to judge an
officer’s actions in the use of force - namely whether an officer’s actions were “objectively
reasonable in light of the facts and circumstances confronting them” and that the “reasonableness” of
a particular use of force must be judged from the perspective of a “reasonable officer on the scene.”
23 The U.S. Department of Justice’s Civil Rights Division enforces 18 U.S.C. 242, which allows it to
prosecute unlawful use of force by local, state, and federal law enforcement officers, and 34 U.S.C.
12601, which allows the Division to take action against law enforcement agencies that are
systematically violating these Fourth Amendment rights.
During the visit, the Mechanism took note of the Department of Justice’s updated policy on use of
force of July 2022, which is only applicable to law enforcement agencies under the jurisdiction of the
Department. See: https://www.justice.gov/jm/1-16000-department-justice-policy-use-force
According to Amnesty International, by 2020, not a single US State had laws that met international
standards for police use of lethal force. See: https://www.amnestyusa.org/issues/deadly-force-policeaccountability/; and Amnesty International report “Deadly Force: Police Use of Lethal Force In The
United States”, June 2015 at https://www.amnestyusa.org/reports/deadly-force-police-use-of-lethalforce-in-the-united-states/. The U.S. Department of Justice’s Civil Rights Division agrees that there is
wide variability in legislation and regulation of use of force across states and local jurisdictions
beyond the minimums required by the Fourth Amendment.
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control of the situation, contrary to the principles of strict necessity and precaution of
international use of force standards. 26
30.
The United States must ensure that all laws, policies, procedures and practices to
restrict the use of force are in compliance with international standards on the use of force and
firearms by law enforcement officials, particularly the principles of legality, precaution,
necessity, proportionality, accountability and non-discrimination. 27 These principles, and the
obligation to protect and respect the right to life, should apply in all kind of operations and
use of force by all law enforcement agencies in the United States.
31.
The Mechanism welcomes the Executive Order 14074 of May 25, 2022, called
“Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance
Public Trust and Public Safety” 28, in which the Federal Government lays the foundation for
improving federal law enforcement agencies’ practices, but also with the aim for those good
practices to permeate and set a future example for state and local law enforcement. In
connection with this, the Mechanism also welcomes the restraints put in place by the
Department of Justice concerning the use of Chokeholds and Carotid Restraints and the “no
knock” entries. 29 The Mechanism calls for the adoption and legislation of these practices at
the federal, state and local levels, providing the necessary resources to carry them out.
32.
The United States must ensure that disaggregated data on all use of force encounters
with police are well gathered, documented, analysed, and published. The Mechanism
acknowledges the FBI National Use of force data collection initiative that collects data sent
on a voluntary basis by law enforcement agencies since 2019, and that in the first months of
2023 received information from more than 60% of the nation’s law enforcement agencies. 30
The Mechanism encourages all law enforcement agencies in the US to participate in this
initiative, that lays the foundation for a nationwide data collection repository on the use of
force. The Mechanism further recommends the creation of a systematic data collection
system made mandatory at all applicable levels of government.

C. Racial profiling
33.
Racial profiling 31 is not only unlawful but ineffective and counterproductive as a
general law enforcement tool. Affected individuals and communities of racial profiling tend
to have less general trust in law enforcement, and as a result, tend to be less willing to
cooperate, eroding the police-community relations and law enforcement effectiveness. 32
34.
In the United States, racial bias, stereotypes and profiling play a recurrent role in
portrayals or perceptions of what or who is “dangerous” and in presumptions of criminality.

26

27
28
29
30

31

32

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As underlined by the Code of Conduct for Law Enforcement Officials of 1979, the Basic Principles
on the Use of Force and Firearms by Law Enforcement Officials of 1990 and the United Nations
Human Rights Guidance on Less-Lethal Weapons in Law Enforcement of 2020.
Ibid.
https://www.govinfo.gov/content/pkg/DCPD-202200454/pdf/DCPD-202200454.pdf
https://www.justice.gov/opa/pr/department-justice-announces-department-wide-policy-chokeholdsand-no-knock-entries
Information received in the first three months of 2023 from 12,832 out of 18,514 federal, state, local,
and tribal law enforcement agencies throughout the nation. See the FBI Crime Data Explorer at:
https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/le/uof
Racial profiling is the practice of law enforcement authorities relying, to any degree, on grounds of
race, colour, descent, national or ethnic origin or their intersection with other relevant grounds, as the
basis for subjecting persons to investigatory activities or for determining whether an individual is
engaged in criminal activity. Racial profiling is linked to stereotypes and biases, which can be
conscious or unconscious, and individual or institutional and structural. In this sense, stereotyping
becomes a violation of international human rights law when stereotypical assumptions are put into
practice to undermine the enjoyment of human rights; See CERD General recommendation No. 36
(2020) on preventing and combating racial profiling by law enforcement officials. CERD/C/GC/36,
paras. 13-20.
CERD/C/GC/36, para. 26.

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Systemic racism creates harmful and spurious associations of Blackness with criminality and
delinquency. These bias, associations and stereotypes have a direct impact on the interactions
of Africans and people of African descent with law enforcement officials and the criminal
justice system.
35.
Before and during the visit, the Mechanism received continuous evidence that suggest
that racial profiling is used as a basis for discriminatory identity checks, stops-and-searches,
arrests and related abuses and violence, including serious injury and deaths by law
enforcement. The Mechanism listened to testimonies of young Black persons being regularly
subjected to racial profiling in their daily lives, affecting individuals and entire communities
in many ways.
36.
According to a Department of Justice special report 33, Black persons were three times
more likely to experience the threat of force or use of nonfatal force; three times more likely
to be shouted at by police; and 11 times more likely to experience police misconduct (slur,
bias or sexual misconduct), during their most recent police contact in 2020, than white
persons.
37.
In this sense, the Mechanism rejects the “bad apple” theory, suggesting that racial
discrimination in policing is the result of isolated actions of a small number of rogue police
officers. There is strong evidence that the abusive behaviour of some individual police
officers is part of a broader and menacing pattern, connected into larger social, historical,
cultural and structural contexts, within which policing is undertaken. Law enforcement
officers in the United States share and reproduce values, attitudes and stereotypes of US
society and institutions.
38.
Generalized and systematic racial profiling by law enforcement officials in the United
States against Africans and people of African descent is a practice that endures and must
continue to be addressed. This historical and current practice has left cumulative damaging
effects on affected individuals and communities. These damages must be recognised,
prevented, attended and repaired.

D. New technologies and law enforcement
39.
The Mechanism received worrying information suggesting that racial biases exist in
the algorithms of facial recognition technologies used by law enforcement in the United
States and they have already led to the wrongful arrests of Black people. 34 A study of three
of the leading facial recognition companies reportedly found extreme racial and gender
disparities in error rates having, on average, an error rate of 20-30% for Black women while
an error rate of 0-0.8% for “white” men. 35 The Mechanism welcomes that this issue is being
considered for study by the Federal Government which tasked the National Academy of
Sciences to conduct a study of facial recognition technology, but notes the lack of any federal
regulation on this issue. 36
40.
The Mechanism is also concerned about the possible negative impact of the increasing
use of drones by law enforcement, including on the right to privacy. The Mechanism calls on

33

34

35
36

Special Report “Contacts Between Police and the Public, 2020”, U.S. Department of Justice, Office
of Justice Programs, Bureau of Justice Statistics, November 2022.
https://bjs.ojp.gov/library/publications/contacts-between-police-and-public-2020
See the recent case of Porcha Woodruff: “Eight Months Pregnant and Arrested After False Facial
Recognition Match” https://www.nytimes.com/2023/08/06/business/facial-recognition-falsearrest.html
MIT, “Study finds gender and skin-type bias in commercial artificial-intelligence systems”
https://news.mit.edu/2018/study-finds-gender-skin-type-bias-artificial-intelligence-systems-0212
“Executive Order on Advancing Effective, Accountable Policing and Criminal Justice Practices to
Enhance Public Trust and Public Safety,” The White House, May 25, 2022,
https://www.whitehouse.gov/briefing-room/presidential-actions/2022/05/25/executive-order-onadvancing-effective-accountable-policing-and-criminal-justice-practices-to-enhance-public-trust-andpublic-safety/
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all levels of government to strictly monitor and regulate the use of all these new technologies,
including by law enforcement, to prevent human rights violations, specially a racist and
discriminatory harmful impact.

E. Killings by law enforcement
41.
The Mechanism is alarmed by the figures and circumstances in which people are
killed by police in the United States. Every year, more than 1,000 individuals are reportedly
killed by law enforcement throughout the country. 37 Available data shows that Black people
are three times more likely to be killed by police than white people, 38 and reports suggest that
33% of all persons killed between 2015 and the first half of 2023 were running or driving
away or otherwise trying to flee from law enforcement. 39
42.
The Mechanism was concerned by reports suggesting that in 2022, the US had the
higher number of police killings in a decade, with more than 1,200 people killed by law
enforcement. 40 Among these, 281 were Black people. The Mechanism is troubled by the fact
that 59% (685) of all killings by police in 2022 were related to traffic stops, mental health
crisis, or people not alleged to be threatening anyone with a gun. 41
43.
Evidence suggest that a number of other police-related killings of Africans and People
of African Descent occur also in the context of special operations, such as the ones involving
no-knock warrants. A no-knock search warrant 42 allows law enforcement to force their way
into a premises without following the “knock-and-announce rule” 43, in which an officer must
first knock, identify themselves and their intent, and wait a reasonable amount of time for the
occupants to let them into the premises. The Mechanism is of the view that no-knock warrants
should be restricted by national and local legislation to the maximum extent possible.
44.
During the visit, the Mechanism heard dozens of heart-breaking testimonies from
relatives of persons of African descent killed by police. 44 Before the visit, the Mechanism
received information on these type of cases in the US, and decided to take action in some of
them through written dialogue with the Government, including the cases of: Patrick Lyoya,
shot and killed by police in Grand Rapids, Michigan; Jayland Walker, shot at multiple times
by police officers in Akron, Ohio; Keenan Anderson, killed by the use of tasers in Los
Angeles, California; and Tyre Nichols, killed by police in Memphis, Tennessee. 45
45.
Killings by excessive use of force by law enforcement against people of African
descent in the United States cannot be only analysed case by case. As stated above, numbers
show a pattern that points to a systemic problem that needs be addressed as such.

37
38
39
40

41

42
43
44
45

See: https://policeviolencereport.org/; https://mappingpoliceviolence.us/; and
https://www.washingtonpost.com/graphics/investigations/police-shootings-database/
See: https://policeviolencereport.org/; https://mappingpoliceviolence.us/; and
https://www.washingtonpost.com/graphics/investigations/police-shootings-database/
See https://mappingpoliceviolence.us/
1,242 people killed by police were reported by https://mappingpoliceviolence.org/; 1,201 by
https://mappingpoliceviolence.us/; 1,200 by https://policeviolencereport.org/ and 1,096 by
https://www.washingtonpost.com/graphics/investigations/police-shootings-database/
Of all killings in 2022, 97% were as a result of the use of a firearm by police, the rest as a result of
other type of force, such as tasers, restraints or physical force. 381 persons were killed after police
responded to reports of a violent crime; 223 to reports of a non-violent offense, 111 to reports
involving a mental health crisis; 92 to reports of domestic disturbance; 87 during traffic stops; and 43
involving reports on other crimes. 681 of these persons were reportedly armed with a gun; 197 with a
knife or sharp object; 98 were unarmed; 90 were using another object; and 73 using a vehicle.
Reportedly, 18% of the persons armed with a gun were not threatening anyone when they were killed.
See: https://policeviolencereport.org/.
See: https://www.law.cornell.edu/wex/no-knock_warrant
See: https://www.law.cornell.edu/wex/knock-and-announce_rule
See Annex.
See the letters sent and responses received: https://www.ohchr.org/en/hrc-subsidiaries/expertmechanism-racial-justice-law-enforcement/communications

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F. Traffic enforcement
46.
Traffic stops are the most common reason for contact with the police in the United
States, with more than 20 million people being stopped a year. 46 According to information
received, law enforcement often use minor traffic violations to initiate discretionary stops,
then using the stop as a pretext to initiate an onsite investigation to seek evidence of a more
serious crime despite lacking reasonable suspicion. Nationally, the annual stop rate for Black
drivers was 1.4 times higher as compared to white drivers. 47 In general, Black drivers are
more likely to be stopped, searched, and arrested for routine violations than white drivers;
are more likely to have force used against them; and they incur greater fines and fees resulting
from these traffic stops. 48
47.
Although traffic enforcement is necessary to prevent behaviours that jeopardize
community safety, such as “driving under the influence” leading to fatal accidents, the
Mechanism received evidence stating that in general, traffic enforcement in the US can lead
to unaffordable fines and fees, mounting debt, driver’s license suspensions, lost employment,
unnecessary arrests, criminalization, and eventually to injury or death for use of force by law
enforcement. To reduce all these harms, the United States and its jurisdictions should
consider putting in place civilian traffic response units with expertise in transportation,
mediation and road safety, housed in a department of transportation or public works, instead
of police departments. In this way, the US should consider gradually withdrawing armed law
enforcement from routine traffic enforcement, and in general removing their authority to stop
cars only for minor traffic violations. Alternatives should be put in place, including civilian
traffic units and the use of technology (e.g. traffic enforcement cameras).

G. Law enforcement as first responders during mental health crises
48.
The interaction of law enforcement and the criminal justice system regarding people
having mental health crises or in general people with mental health conditions or
psychosocial disabilities seems to be disproportionate. With more than 240 million 911
emergency calls a year in the US, police officers have become the default first responders to
nearly every social issue. 49
49.
During the visit, the Mechanism repeatedly heard of mental health crises having
worsened following interactions with law enforcement, in many cases leading to death. The
mere presence of armed and uniformed police officers can exacerbate a person’s feelings of
distress and escalate mental health-related situations. 50 Information received confirms that a
significant percentage of people killed by law-enforcement every year in the US were
experiencing a mental health crisis or in general had a mental health condition or
psychosocial disability. 51
50.
The Mechanism also received information regarding promising initiatives of civilian
crises response teams, composed of behavioural health professionals and other experienced

46
47
48
49
50

51

U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Traffic Stops,”
https://www.bjs.gov/index.cfm?tid=702&ty=tp.
Emma Pierson et al., “A large-scale analysis of racial disparities in police stops across the United
States”, Nature Human Behavior 4 (2020), https://5harad.com/papers/100M-stops.pdf.
Ibid.
NENA, the 911 association, https://www.nena.org/page/911Statistics
Vera Fact Sheet, “Investing in Evidence-Based Alternatives to Policing: Civilian Crisis response”,
August 2021, https://www.vera.org/downloads/publications/alternatives-to-policing-civilian-crisisresponse-fact-sheet.pdf
According to the Washington Post figures, of the 8,643 persons killed by police since 2015, 1,175
(21%) were experiencing a mental health crisis. See:
https://www.washingtonpost.com/graphics/investigations/police-shootings-database/; According to
the “Police Violence Report”, in 2022, 111 persons were killed by police in the US after law
enforcement responded to calls regarding people having a mental health crisis. See:
https://policeviolencereport.org/
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civilians, being implemented in different parts of the United States, including in Eugene,
Oregon; in Denver, Colorado; in New York City; in San Francisco; and in Los Angeles. 52
51.
Law enforcement should not be the answer to all emergencies, and alternative
responses must be always considered and resourced. In general, police officers should not be
the first respondents during mental health crises. Other types of intervention need to be
prioritized and resourced, including medical and psychosocial, like the unarmed civilian first
responder programs mentioned above. Yet, law enforcement officials should always be
adequately trained to deal with violent mental health crises in compliance with human rights
standards.

H. Law enforcement in schools
52.
In 2019, the United States had approx. 24,900 sworn and 3,100 nonsworn law
enforcement officers responsible for safety and crime in schools, employed by about 5,000
law enforcement agencies. 53 Of these law enforcement agencies, 50% allowed officers to
interview students without parental permission or presence; 96% of the agencies permitted
officers to carry an agency-issued firearm in schools; 87% tasers or conducted energy
devices; 83% batons; 88% chemical irritants; and 42% hobble restraints. Law enforcement
officials in schools are expected by their agencies to issue criminal citations (88%), make
arrests (94%), patrol school facilities (94%), respond to calls for service on the school campus
(95%), and respond to incidents in the classroom (91%). 54
53.
During the visit, the Mechanism received several reports of a trend towards a growing
police presence in schools, and accounts of excessive use of force by law enforcement against
children in this context, including as a result of non-violent infringements of school codes of
conduct. It received testimonies of children being arrested for offenses such as dress code
violations or taking too many milk cartons in the lunchroom. For example, information
received indicates that Florida police arrested elementary school students, as young as 5 years
old, 345 times in one year. In this context, the Mechanism is concerned by received evidence
of the so called “school-to-prison pipeline”, in which education and public security policies
are pushing children, many of them Africans and of African descent, into the criminal justice
system. The Mechanism received evidence asserting that police presence in schools results
in more arrests, particularly of Black students and boys.
54.
Law enforcement officers should not be responsible for the implementation of school
discipline. A national strategy should be put in place to reduce to the maximum extent
possible police presence in schools, to eliminate all use of force and arrests, and to avoid the
criminalization of disciplinary infractions. Alternatives should be implemented. The
education system should invest in promoting positive student development with sufficient
qualified personnel such as counsellors, social workers, nurses and mental health
professionals.

I. Immigration enforcement
55.
The Mechanism is alarmed at reports of overt systemic racism against Africans and
people of African descent in law enforcement immigration authorities. During the visit, the
Mechanism received several detailed accounts of anti-Black and racially based arbitrary

52

53

54

Vera Fact Sheet, “Investing in Evidence-Based Alternatives to Policing: Civilian Crisis response”,
August 2021, https://www.vera.org/downloads/publications/alternatives-to-policing-civilian-crisisresponse-fact-sheet.pdf
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Report on Law
Enforcement Agencies that Employ School Resource Officers, 2019”, November 2022.
https://bjs.ojp.gov/library/publications/law-enforcement-agencies-employ-school-resource-officers2019
Ibid.

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detention and ill-treatment against migrants and asylum seekers of African Descent,
including Haitians, by US immigration authorities.
56.
According to information received, Haitian migratory-detained persons were denied
access to sufficient food, health care, interpreters, information and legal counsel; after which
they were returned to Haiti by plane 55 restrained in handcuffs and shackles causing severe
additional psychological suffering due to the association of this practice not only to
criminality, but to slavery. 56 Evidence further suggests that these practices towards Haitian
persons are not new, pointing to long-term systemic racism against people of African Descent
inside the US immigration system.
57.
The Mechanism was shocked by allegations of an unofficial challenge coin 57
circulating among US immigration law enforcement showing a picture of the excessive use
of force incident occurred near Del Rio, Texas in September 2021, when a mounted officer
reportedly used his split reins to lash a Haitian migrant and drag him. 58 The Mechanism also
received information on this emblematic case of excessive use of force against Africans and
people of African descent by immigration law enforcement, where reportedly approx. 15,000
migrants, most of them Haitian and Black, suffered lack of adequate food, physical violence,
verbal threats, and other acts of intimidation. An internal investigation later found that the
force used had been unnecessary, and reportedly referred four US Border Patrol agents to
disciplinary proceedings, with no more information available. 59
58.
The Mechanism also received reports of other Africans and people of African descent
being ill-treated by immigration authorities in detention, including Cameroonians in
detention facilities in New Orleans.
59.
The Mechanism joins the UN Committee on the Elimination of Racial
Discrimination’s statement of April 2023 calling for the suspension of forced returns of
Haitians, investigate allegations of excessive use of force, ill-treatment and racial profiling
against migrants. 60 The Mechanism calls on the United States to adopt an immigration system
with a human rights-based approach and to address systemic racism within the ranks of
immigration authorities.

55

56

57

58
59

60

According to unofficial reports, the US expelled more than 25,000 Haitian persons only between
September 2021 and May 2022, see: Amnesty International report, ““They did not treat us like
people”: Race and migration-related torture and other ill-treatment of Haitians seeking safety in the
USA”, September 2022 https://www.amnesty.org/en/wpcontent/uploads/2022/09/AMR3659732022ENGLISH.pdf ; and
https://www.nytimes.com/2022/06/09/us/politics/haiti-migrants-biden.html
See: Amnesty International report, ““They did not treat us like people”: Race and migration-related
torture and other ill-treatment of Haitians seeking safety in the USA”, September 2022.
https://www.amnesty.org/en/wp-content/uploads/2022/09/AMR3659732022ENGLISH.pdf
The use challenge coins is a military tradition that passed down to law enforcement. A challenge coin
is a token with the organization insignia or emblem usually carried and exchanged between members
of law enforcement agencies as a sign of friendship or shared values. See:
https://www.defense.gov/News/Inside-DOD/Blog/article/2567302/the-challenge-coin-tradition-doyou-know-how-it-started/ See also: https://www.nytimes.com/2018/04/11/us/politics/challengecoins.html
See: https://www.npr.org/2022/06/17/1105901312/ebay-seller-challenge-coins-border-patrolhorseback-haiti-migrants-mexico
In a statement, Department of Homeland Security Secretary Alejandro Mayorkas said, "The
misconduct of several individuals does not reflect the brave and distinguished service of the agents of
the United States Border Patrol. The organizational failures of policy, procedures, and training that
the investigation identified were a disservice to the agents and the public they serve. CBP must and
will do better." See: https://www.cbsnews.com/news/border-patrol-agents-on-horseback-usedunnecessary-force-against-haitian-migrants-last-year-investigators-find/;and
https://www.nbcnews.com/politics/immigration/dhs-report-says-border-patrol-agents-usedunnecessary-force-haitians-t-rcna36992
Statement by CERD under its early warning and urgent action procedure, “Situation of migrants,
asylum seekers and refugees of Haitian origin in the Americas region”, 28 April 2023.
https://www.ohchr.org/en/treaty-bodies/cerd/decisions-statements-and-letters
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J. Antiracism protests
60.
The Mechanism received information on law enforcement responses to anti-racism
protests, including human rights violations in this context. Particularly, the Mechanism
received accounts on the authorities’ response to anti-racism protests in 2020, that led to
thousands of arbitrary arrests and hundreds of people injured, mostly by the misuse or
excessive use of less lethal weapons against protestors, such as batons, chemical irritants and
kinetic impact weapons (for example rubber bullets). For example, 115 people were shot in
the head and neck with kinetic impact projectiles by police between May 26 and July 27,
2020. 61
61.
Information received make clear that in the 2020 anti-racism protests law enforcement
confronted peaceful manifestations with riot gear as a first level response, rather than only in
response to specific incidents of violence. Evidence suggests that law enforcement use a
variety of unjustified levels of force, including less lethal weapons, against large peaceful
demonstrations and against journalists, legal observers and paramedical teams, in violation
of human rights standards.
62.
The Mechanism welcomed information received on some cities’ initiatives of
collective reparations for the excessive use of force and other human rights violations during
the anti-racism protests of 2020, for example in New York 62 and Philadelphia. 63 However, it
did not receive information on individual criminal accountability of law enforcement officials
and its command for these acts.
63.
The Mechanism is particularly concerned over reports that the 2020 anti-racism
protests were followed by widespread legislative measures and initiatives in some states,
which would unduly restrict the right to peaceful assembly.
64.
The Mechanism is also concerned that similar law enforcement approaches continue
to occur in response to anti-racism and anti- police brutality protests. A recent example is the
authorities and law enforcement response to protests in Akron, Ohio in 2022, following the
killing by police of Jayland Walker, a 25-year-old American man of African descent who
was unarmed at the time of the shooting and received 46 gunshots by at least eight different
law enforcement officials of the Police Department of the city. 64 The Mechanism received
reports of excessive use of force against demonstrators, including the use of tear gas and stunt
grenades, and the arrest of more than 75 of them, many of whom may still be facing criminal
charges.
65.
Most notably, during its visit to Atlanta, Georgia, the Mechanism received allegations
regarding the response to protests around the construction of the “Atlanta Public Safety
Training Center”, also known as “Cop City”. In addition to reports over an activist killed by
the police, which is under investigation, the Mechanism received reports over several
demonstrators currently facing criminal charges for domestic terrorism. 65 The Mechanism is
deeply concerned that, in this case and others, local authorities appear to be using terrorism
classification and terrorist criminal charges to punish dissent. 66
66.
The Mechanism would like to emphasize that all legislation regulating the right to
peaceful assembly should be in compliance with international human rights standards,
including with the principles on the use of force by law enforcement (legality, precaution,

61
62
63
64

65
66

Physicians for Human Rights, “Shot in the head”, September 2020, https://phr.org/ourwork/resources/shot-in-the-head/
https://www.theguardian.com/us-news/2023/jul/20/new-york-nypd-george-floyd-protests-2020
https://fortune.com/2023/03/20/philadelphia-settlement-protesters-9-25-million-george-floyd-2020/
See the letter sent by the Mechanism to the United States of America on this specific case.
https://www.ohchr.org/en/hrc-subsidiaries/expert-mechanism-racial-justice-lawenforcement/communications
https://edition.cnn.com/2023/03/06/us/atlanta-cop-city-protests/index.html
https://www.aclu.org/news/national-security/how-officials-in-georgia-are-suppressing-politicalprotest-as-domestic-terrorism

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necessity, proportionality, accountability and non-discrimination). 67 Authorities must
develop a system for the collection and distribution of a wider range of disaggregated data
on the policing of protests and the treatment of protesters in the criminal justice system more
broadly. Authorities should investigate, prosecute, and provide redress to all allegations of
human rights violations in the context of protests, including arbitrary arrests and excessive
use of force by police.
67.
The Mechanism calls the United States to review in detail and strictly regulate the
design, manufacture, trade and use of all less-lethal weapons by law enforcement. The United
States must consider imposing tighter restrictions on weapons that may be used
indiscriminately and prohibitions on weapons that cause excessive harm or that result in
collective punishment, in accordance with the United Nations Human Rights Guidance on
Less-Lethal Weapons in Law Enforcement. 68

K. Accountability
68.
During the visit, the Mechanism heard repeatedly, directly from the victims, about the
lack of accountability in cases related to police abuse. It heard of cases not investigated,
perpetrators not prosecuted, and cases closed. Only 1.9% of all killings by police in the past
decade (2013-2022) resulted in police officers being charged with a crime. 69 In 2022,
available data indicates the proportion was only in 1% of the cases. 70
69.
The Mechanism received allegations of cases in which police officers involved in
killings of Africans and people of African descent had already prior complaints filed against
them for police misconduct including excessive use of force. The Mechanism also received
allegations of cases where police officers who had previously been disciplined for
misconduct or had left the force before the completion of the investigation, were later hired
by a different police department. The Mechanism is concerned on the possibility that an
individual facing different complaints or even found criminally or administratively
responsible for police misconduct in one police department, can retake a sworn law
enforcement post in another law enforcement agency. This practice denies the guarantees of
non-recurrence for victims. Federal, state and local authorities must ensure coordination
across law enforcement agencies to create an effective nationwide record system to keep
track of such cases, so as to ensure non-repetition for victims and communities. The
Mechanism takes note of the efforts being made to establish a National Law Enforcement
Accountability Database 71, as mandated by the Executive Order 14074. The Mechanism
encourages all US authorities and law enforcement agencies to contribute to this initiative,
that lays the foundation for a nationwide repository of law enforcement officer misconduct.
70.
The Mechanism is aware that the US Department of Justice can respond to allegations
of general police misconduct by initiating formal investigations into police departments, file
lawsuits against them and establish “Consent Decrees”. 72 The Department of Justice has
initiated nine of these investigations during the current federal administration and has other
six ongoing. 73 Most recently, it opened an investigation in the Memphis Police department

67
68
69
70
71

73

See footnote 25, supra.
https://www.ohchr.org/en/publications/policy-and-methodological-publications/united-nationshuman-rights-guidance-less
See https://mappingpoliceviolence.us/
See: https://policeviolencereport.org/
Justice Department Fact Sheet on Implementing Executive Order on Advancing Effective,
Accountable Policing, and Criminal Justice Practices to Enhance Public Trust and Public Safety.
Available on: https://www.justice.gov/olp/justice-department-fact-sheet-implementing-executiveorder-advancing-effective-accountable
72 “Consent Decrees” are settlements between police departments and the federal government, which
are overseen and enforced as an order of a court, and are often monitored by a third party to ensure
compliance.
Ongoing investigations into the Phoenix Police Department; the Mount Vernon Police Department;
the Louisiana State Police; the New York City Police Department’s Special Victims Division; the
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focusing on use of force and its stops, searches and arrests, as well as whether it engages in
discriminatory policing. 74 For example, in June 2023, the Department of Justice Investigation
found that the Minneapolis police department “uses excessive force, including unjustified
deadly force and unreasonable use of tasers; unlawfully discriminates against Black people
and Native American people in its enforcement activities, including the use of force following
stops; violates the rights of people engaged in protected speech; and along with the city,
discriminates against people with behavioural health disabilities when responding to calls for
assistance.” 75 Similar findings were made recently inside the Louisville Metro Police
Department. 76 At least 14 Consent Decrees have been implemented since 2012. 77 The
Mechanism welcomes this investigation procedure and its follow-up formula, as it considers
that they are a good practice towards guaranties of non-recurrence. The Mechanism calls on
the federal government to keep this practice and on local police departments to collaborate
with it.
71.
The US Department of Justice also engages in federal criminal civil rights
investigations for law enforcement misconduct in certain cases, against the police officers
involved. 78 For example, the one against Memphis Police department’s officers related to the
death of Tyre Nichols in January 2023. 79
72.
The Mechanism also notes that victims of police violence may obtain some form of
financial compensation through civil lawsuits against authorities. Between 2009 and 2022, at
least 217 publicly reported settlements for police misconduct were identified, which resulted
in some policy changes and over USD 2.340 billion in monetary compensation to victims. 80
However, the Mechanism heard various allegations about the complexity of these procedures,
and the difficulty of being able to sue police officers civilly for the so-called doctrine of
“qualified immunity”, which is a judicially created doctrine that protects government
officials against civil liability for conduct that violates the rights of others. 81 The Mechanism
emphasizes that the victims' right to reparations must always be protected and guaranteed,
including restitution, compensation, rehabilitation and satisfaction. 82 This right should
include the possibility of seeking reparation through civil lawsuits against the perpetrators
and authorities involved. The Mechanism stresses that civilian settlements for damages are

74

75

76

77
78
79

80
81

82

Worcester Police Department; and the Oklahoma City Police Department. See: Department of Justice
Press Release, “Justice Department Announces Pattern or Practice Investigation of the City of
Memphis and the Memphis Police Department”, July 2023, https://www.justice.gov/opa/pr/justicedepartment-announces-pattern-or-practice-investigation-city-memphis-and-memphis
See: Department of Justice Press Release, “Justice Department Announces Pattern or Practice
Investigation of the City of Memphis and the Memphis Police Department”, July 2023,
https://www.justice.gov/opa/pr/justice-department-announces-pattern-or-practice-investigation-citymemphis-and-memphis
See: Department of Justice Press Release, “Justice Department Finds Civil Rights Violations by the
Minneapolis Police Department and the City of Minneapolis”, June 2023,
https://www.justice.gov/opa/pr/justice-department-finds-civil-rights-violations-minneapolis-policedepartment-and-city
See: Department of Justice Press Release, “Justice Department Finds Civil Rights Violations by the
Louisville Metro Police Department and Louisville/Jefferson County Metro Government”, March
2023. https://www.justice.gov/opa/pr/justice-department-finds-civil-rights-violations-louisvillemetro-police-department-and
See: National police funding database, LDF’s Thurgood Marshall Institute, “Consent Decrees”
https://policefundingdatabase.org/explore-the-database/consent-decrees/
See: https://www.justice.gov/crt/law-enforcement-misconduct#iap
See: Press release from the United States Attorney for the Western District of Tennessee:
https://www.justice.gov/usao-wdtn/pr/statement-united-states-attorney-kevin-g-ritz-0 ; See also the
communication send by the Mechanism to the United States of America on this case:
https://www.ohchr.org/en/hrc-subsidiaries/expert-mechanism-racial-justice-lawenforcement/communications
See: National police funding database, LDF’s Thurgood Marshall Institute, “Settlements”, July 2023,
https://policefundingdatabase.org/explore-the-database/settlements/
See: Novak, K “Policing the Police: Qualified Immunity and Considerations for Congress”,
Congressional Research Service (February 21, 2023). Also see: Legal Defense Fund, “Qualified
Immunity FAQ”, https://www.naacpldf.org/qualified-immunity/
See: “Reparations”, OHCHR, https://www.ohchr.org/en/transitional-justice/reparations

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only a partial form of reparation and should never replace prompt, effective and independent
criminal investigations, with a view to holding perpetrators accountable.
73.
The Mechanism strongly emphasizes that the United States must ensure
accountability in all cases of excessive use of force and other human rights violations by law
enforcement officials. This is a systemic issue that calls for a systemic response. All actors
involved, including police departments and police unions, must join forces to combat the
prevailing impunity. Further, the Mechanism would like to stress that as long as the
regulations on the use of force in the United States are not in accordance with international
standards, as mentioned above, many of the acts of excessive use of force by the police will
continue to go unpunished.

L. Law enforcement officials’ wellness
74.
In meetings with Police Departments, we received information stating that law
enforcement agencies are experiencing problems to recruit new people, which leads to
overtime workload for officials, which in turn can lead to stress and other mental health
conditions that can finally impact the actions of police officers.
75.
In meetings with different associations of Black law enforcement officers, ranging
from patrol officers to Chiefs, the Mechanism repeatedly heard concerns regarding police
officers’ wellness and mental health linked to additional challenges caused by pervasive
racism and racial discrimination against them inside police departments. In particular, the
Mechanism was alarmed by the testimony of Black police officers regarding the effective
impact of systemic racism and discrimination within law enforcement on their mental health.
76.
Law enforcement officials’ wellness in turn impacts their interactions with
communities. Expecting law enforcement officers to respect and protect human rights also
presupposes a culture of respect and wellbeing within the ranks. The United States must
ensure that all law enforcement agencies develop programs to provide mental health care and
wellness for officials and should firmly address the issues of systemic racism against Black
law enforcement officers and issues of white supremacy ideology inside the agencies.

V. Criminal Justice System
A. Overrepresentation of people of African descent in detention
77.
The United States imprisons more people 83 than most of the other Member State of
the United Nations. 84 With 6,900,000 annual admissions in the jail system in 2021 85, by the
end of that year: 1,775,300 persons were incarcerated in state (959,000) or federal (171,000)
prisons or local jails (636,000), giving an incarceration rate of 680 per 100,000 adult US

83

84

85

Although showing a downward trend in the past 10 years, according to the Department of State. See:
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Correctional
Populations in the United States, 2021 – Statistical Tables”, February 2023.
https://bjs.ojp.gov/library/publications/correctional-populations-united-states-2021-statistical-tables.
According to data of the World Prison Brief, in terms of number of people in prison it may be only
below to the People’s Republic of China (2,340,000 people incarcerated), and in terms of
imprisonment rate per 100,000 inhabitants, close to El Salvador (1086), Cuba (794), Rwanda (621),
and Turkmenistan (576). See the World Prison Brief data:
https://www.prisonstudies.org/country/united-states-america
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Jail Inmates in
2021 – Statistical Tables”, December 2022, https://bjs.ojp.gov/library/publications/jail-inmates-2021statistical-tables
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residents. 86 Other 3,745,000 persons were under probation or parole, giving a total of
5,444,900 persons under the supervision of a criminal authority by the end of 2021. 87
78.
Black people are the most incarcerated and most criminally supervised persons in the
United States. 88 In 2021, 1,704,000 Black persons were under criminal administration:
591,000 incarcerated (391,000 in prison and 221,000 in a local jail) and 1,136,000 under
probation (864,000) or parole (280,000). An estimated 1 in 19 (rate of 5,350 per 100,000)
Black adult was under correctional supervision, compared to 1 in 62 (rate of 1,620 per
100,000) white adult. 3,560 (per 100,000) Black persons were under probation or parole,
compared to 1,240 (per 100,000) white persons. 1,850 (per 100,000) Black persons were
incarcerated, compared to 410 (per 100,000) white persons. 89 On that account, in 2021, Black
persons were 4.5 more incarcerated, 2.8 more under probation or parole and 3.3 times more
under criminal supervision in general, than white persons in the United States.
79.
The Mechanism is deeply concerned by these numbers. These significantly
disproportionate rates between Black and white persons are staggering. The Mechanism
condemns not only the general overuse of incarceration and criminal supervision in the
United States, but above all the appalling overrepresentation of people of African Descent in
the US criminal justice system.
80.
The Mechanism sees this disproportionality as a manifestation of the entrenched
systemic racism against people of African descent in the United States. As a legacy of
slavery, this permeates the entire spectrum of the law enforcement and judicial system.
Poverty and lack of quality education, employment opportunities, healthcare, adequate
housing, among others, coupled with racism within the criminal justice system, generate
vicious circles from which people cannot escape.
81.
The consequences of this disproportionate incarceration are devastating on
individuals, families and communities of African descent across the United States. In general,
more than one out of six men of African descent between the ages of 25 and 54 years old are
missing from daily life. 90

B. Incarcerated Women
82.
African American women prisoners represent 34% of all incarcerated women. They
are reportedly more likely to be restrained and shackled than their white counterparts. The
Mechanism heard, first hand, unbearable direct testimonies of pregnant women shackled
during labour, who due to the chaining, lost their babies. Also, it heard testimony of how
pregnant women in detention are often induced for delivery; are entitled limited time with
their new-born, some only two hours and at the discretion of the correctional authorities; and
provided 24 hours to make arrangements for their baby, otherwise the baby is taken into state
care. All these practices, including shackling pregnant women before, during and after labour
are an affront to human dignity and the best interest of the child. Instruments of restraint shall
never be used on women during labour, during childbirth and immediately after childbirth,
in accordance with the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson
Mandela Rules, Rule 48.2).

86

87
88
89
90

See: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics,
“Correctional Populations in the United States, 2021 – Statistical Tables”, February 2023.
https://bjs.ojp.gov/library/publications/correctional-populations-united-states-2021-statistical-tables
Ibid.
Ibid.
Ibid.
See Prison Policy Initiative, “Mass Incarceration: The Whole Pie 2022 (March 14, 2022)”.
https://www.prisonpolicy.org/reports/pie2022.html

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C. Children Incarceration
83.
In 2020, 25,014 children were in detention in the US 91, and in 2021, 2,250 children
were held in adults’ prisons. 92 However, according to information received, these figures only
show the count of detention on a single day of the year, therefore they underestimate reality
by at least 80%: only in 2019, there were more than 240,000 occurrences of children detained,
committed, or both in the juvenile justice system. 93 By 2019, Black children were more than
four times as likely to be detained or committed in juvenile facilities as their white peers. 94
The detention rate of Black children was 315 per 100,000, compared to the rate of white
children of 72 per 100,000. 95 For example, in Louisiana about 83% of youth in the Louisiana
Office of Juvenile Justice’s custody are Black, while only about 31% of Louisiana’s
population is Black.
84.
Further, the Mechanism was shocked by information stating that at least 32,359
individuals are currently incarcerated in the US for offenses they committed when they were
children, and that 80% of those are non-white and 58% are Black. 96 6,301 (19.47%) of these
children were sentenced to life term and 3,162 are serving de facto life sentences (sentence
over 39 years 97). The ones who did not received life sentences, will spend, on average,
between 14.59 to 21.72 years behind bars. 98
85.
The Mechanism is concerned about the prevalent interaction of children with the
criminal justice system, which disproportionately affects children of African descent. This
concern is closely linked to the one made above about the “school to prison pipeline”. The
Mechanism acknowledges incarceration of children has been on the decline in recent years,
but numbers remain high and astonishing. The Mechanism calls on the US to protect all
children (below 18 years old) from the adult criminal legal system and to raise the age to 15
years old for entering for the juvenile system, in accordance with international human rights
standards. 99

91

92

93

94

95
96

97
98

99

U.S. Justice Department’s Office of Juvenile Justice and Delinquency Prevention report, “Highlights
From the 2020 Juvenile Residential Facility Census”, October 2022,
https://ojjdp.ojp.gov/library/publications/highlights-2020-juvenile-residential-facility-census
U.S. Justice Department’s Bureau of Justice Statistics, “Juveniles Incarcerated in U.S. Adult Jails and
Prisons, 2002–2021”, June 2023, https://bjs.ojp.gov/juveniles-incarcerated-us-adult-jails-and-prisons2002-2021
The Sentencing Project, “Too Many Locked Doors: The scope of youth confinement is vastly
understated”, March 2022, https://www.sentencingproject.org/reports/too-many-locked-doors-thescope-of-youth-confinement-is-vastly-understated/
See: U.S. Justice Department’s Office of Juvenile Justice and Delinquency Prevention, 2019 Census
of Juveniles in Residential Placement, https://ojjdp.ojp.gov/publications/juveniles-in-residentialplacement-2019.pdf; and The Sentencing Project, “Black Disparities in Youth Incarceration”, July
2021, https://www.sentencingproject.org/fact-sheet/black-disparities-in-youth-incarceration/
The Sentencing Project, “Black Disparities in Youth Incarceration”, July 2021,
https://www.sentencingproject.org/fact-sheet/black-disparities-in-youth-incarceration/
Human Rights for Kids, “Crimes Against Humanity - The Mass Incarceration of Children in the
United States”, 9 May 2023, https://humanrightsforkids.org/publication/crimes-against-humanity-themass-incarceration-of-children-in-the-united-states/
According to information, the U.S. Sentencing Commission considers a sentence over 39 years,
effectively a life sentence.
Human Rights for Kids, “Crimes Against Humanity - The Mass Incarceration of Children in the
United States”, 9 May 2023, https://humanrightsforkids.org/publication/crimes-against-humanity-themass-incarceration-of-children-in-the-united-states/
See General Comment No. 24 on children’s rights in the child justice system by the Committee on the
Rights of the Child, 18 September 2019, https://www.ohchr.org/en/documents/general-commentsand-recommendations/general-comment-no-24-2019-childrens-rights-child
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D. Pre-trial detention
86.
About 451,400 people are detained pretrial on any given day in the United States. 100
In 2002, 29% of people in jails were held pretrial; 101 by 2023, that number increased to
71%. 102 During the visit to the Los Angeles County Jails and the Cook County Jail, the
Mechanism was shocked by allegations of inmates being held in pre-trial detention for long
periods (i.e. more than 10 years) and for periods longer than the eligible sentence of the
offence they may have committed, if convicted.
87.
The Mechanism received allegations that national demographic data on pretrial
detention and cash bail is severely outdated, with the last government data collected in 2002.
That data found that 69% of people detained pretrial were people of colour, with Black people
representing 43% of the pretrial detention population. 103 Another study found that Black and
brown defendants are imposed bail amounts that are twice as high as white defendants and
are less likely to afford cash bail. 104
88.
People of African descent are held in pretrial detention at highly disproportionate
rates, not only because of general overrepresentation in detention, but also because of the
high cost of bail and an inability to pay, frequently as a socio-economic consequence of
entrenched racism. This in turn impacts sentencing, since pretrial detention makes more
likely that an individual will plead guilty, irrespective of the actual culpability of the person,
subsequently being sentenced to incarceration and even be given longer sentences. Systemic
racism and racial bias in jury selection and verdicts also results in unfair sentences and
wrongful convictions of African descent defendants. 105
89.
Further, during the visit to the Los Angeles County Jails, the Mechanism observed
that pre-trial and sentenced inmates were not segregated. The Mechanism recalls that the
separation between untried and convicted detainees is based on the principle of the
presumption of innocence and allows the different regimes to adapt regarding matters such
as contact with the outside world, work, or access to vocational training. Untried inmates
should always be held separately from those serving a sentence, in accordance with the UN
Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).
90.
The Mechanism is concerned about this information and testimonies on the excessive
use of pre-trial detention in the United States, including its elevated increase in the last two
decades. The Mechanism calls on the United States to reverse this tendency. It wants to
emphasize that detention before trial should be used only to the extent it is lawful, reasonable,
and necessary. Prolonged pretrial detention violates human rights standards by jeopardizing
the presumption of innocence and other principles. When delays in the trial become
necessary, the judicial authorities must reconsider alternatives to pretrial detention.

E. Immediate access to legal representation
91.
The Mechanism is concerned about received information stating that in the US, the
earliest an individual meets a lawyer after arrest is usually at a first court hearing, which can
occur up to a week after the arrest. Even if an explicit request for an attorney is made, law

100

101
102
103
104
105

U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Jail Inmates in
2021 – Statistical Tables”, December 2022, https://bjs.ojp.gov/library/publications/jail-inmates-2021statistical-tables
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, “Profile of Jail
Inmates, 2002”, July 2004, https://bjs.ojp.gov/library/publications/profile-jail-inmates-2002
See footnote 96, supra.
See footnote 97, supra.
Prison Policy Initiative, “How Race Impacts Who Is Detained Pretrial,” 2023,
https://www.prisonpolicy.org/blog/2019/10/09/pretrial_race/
See: Equal Justice Initiative, “Race and the Jury: illegal discrimination in jury selection”, 2021,
https://eji.org/report/race-and-the-jury/

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enforcement is not required to ensure access to legal counsel before this first hearing. 106 Other
accounts received describe multiple cases of incommunicado detention, including during
arrests following the 2020 anti-racism protests, for example in New York City 107, or the
publicly denounced generalized practice at Homan Square police facility in Chicago between
2004 and 2015. 108
92.
The Mechanism would like to emphasize that immediate access to a lawyer and legal
counsel and contact with family or other person of choice is crucial for police oversight and
for the prevention of torture and ill-treatment. The right to access to legal representation
entails prompt confidential access to, and consultations in private with, an independent
lawyer or a counsel of the detainee’s own choice, in a language he or she understands, from
the moment of deprivation of liberty and throughout the period of detention, but especially
during the process of interrogation, investigation and questioning. 109 The United States
jurisdictions should ensure access to legal counsel, family or other person of choice, and
medical examination and care, immediately upon arrest and throughout law enforcement
custody. The Mechanism recalls that incommunicado detention may amount to an enforced
disappearance if the detention is not officially acknowledged and no information is provided
about the fate and whereabouts of the detainee. It calls on the US government to firmly
investigate all allegations of incommunicado detention.

F. Prison sentences beyond life expectancy
93.
The Mechanism was deeply alarmed by information on prison sentencing policies and
practices commonly referred to as “death by incarceration” sentences, such as “life without
parole”, “life with parole” or in general any sentence that exceeds life expectancy (“virtual
life”), particularly because of the disparate impact on people of African descent and other
racial and ethnic minorities and because of the use of these sentences against children.
94.
Data received reveals that 15% of the total prison population nationwide in 2020
(203,865 incarcerated individuals) were serving life or virtual life sentences. 110 People of
African descent make up 46% of the prison population serving life sentences nationwide even
though they comprise only 12% of the general population. 111 Women represent the 3% of the
population serving life sentences, but the number raised 32% faster compared to men over
the past decade. One in every 15 women in prisons was serving a life sentence in 2021, with
one third being ineligible for parole. 112
95.
Further, information states that the United States is the only country in the world that
sentences children to life without parole, an option contemplated in both federal and State

106
107
108

109

110

111
112

Fair Trials, “Access to counsel in the US”, https://www.fairtrials.org/campaigns/the-right-tocounsel/#access-to-counsel-in-the-us-21
https://www.theguardian.com/us-news/2023/jul/20/new-york-nypd-george-floyd-protests-2020
See: https://www.cbsnews.com/chicago/news/protesters-demand-closure-of-cpd-homan-squarefacility/ and https://www.theguardian.com/us-news/2015/oct/19/homan-square-chicago-policedisappeared-thousands
Observations of the Committee against Torture on the revision of the Standard Minimum Rules for
the Treatment of Prisoners, CAT/C/51/4, 28 March 2014,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CAT%2FC%2
F51%2F4&Lang=en
See The Sentencing Project, “No End in Sight: America’s Enduring Reliance on Life Imprisonment
10 (2021)”, https://www.sentencingproject.org/app/uploads/2022/08/No-End-in-Sight-AmericasEnduring-Reliance-on-Life-Imprisonment.pdf
Ibid.
See The Sentencing Project, National Black Women’s Justice Institute and Cornell Center on the
Death Penalty Worldwide, “In the Extreme: Women Serving Life without Parole and Death Sentences
in the United States (2021).” https://www.sentencingproject.org/wp-content/uploads/2021/09/In-theExtreme-Women-Serving-Life-without-Parole-and-Death-Sentences-in-the-United-States.pdf and
The Sentencing Project, “No End in Sight: America’s Enduring Reliance on Life Imprisonment 10
(2021)”, https://www.sentencingproject.org/app/uploads/2022/08/No-End-in-Sight-AmericasEnduring-Reliance-on-Life-Imprisonment.pdf
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laws. Data also indicates that 62% of juveniles serving life without parole are of African
descent. 113
96.
Evidence suggests that “death by incarceration” sentences are increasing overtime,
while the use of parole and clemency is declining. This results in numerous individuals,
particularly of African descent or other racial and ethnic minorities, condemned to death in
prison.
97.
The Mechanism would like to emphasize that disproportionate, excessive and
discriminatory sentencing beyond life expectancy is a cruel, inhuman and degrading
treatment, in violation of international human rights standards protecting life, liberty and
against torture. All prison sentences in the United States should include parole eligibility
within a reasonable number of years, and always below life expectancy. Federal and state
executive branches should keep exercising clemency powers in favour of persons already
serving sentences beyond life expectancy, especially benefiting children and persons who
committed crimes when they were children and older persons.

G. Death penalty
98.
In the United States, the death penalty still exists in 27 American states, the federal
system and the military. By the end of 2020, 2,469 people were on death row. 114 In 2022, 18
prisoners were executed in six different states 115 and 15 more in 2023 (end of July). 116 As of
1st October 2022, 970 Black persons were on death row, representing 41% of the total. 117 At
least 156 innocent people have been sentenced to death since 1973. 118
99.
The population sentenced to death in the United States is also overrepresented by
people of African descent. The Mechanism would like to stress that use of the death penalty
is not consistent with the right to life and the right to live free from torture or cruel, inhuman
or degrading treatment or punishment. 119 Therefore, the Mechanism calls on the United States
to abolish the death penalty in all its jurisdictions.

H. Solitary confinement
100. The Mechanism is alarmed over reports, and upon witnessing first hand during jail
visits, by the generalized practice of solitary confinement use in the United States. It is
estimated that over 80,000 prisoners are held in isolated confinement on any given day in the

113
114

115
116
117
118

119

See The Sentencing Project, “Juvenile Life Without Parole: An Overview”.
https://www.sentencingproject.org/policy-brief/juvenile-life-without-parole-an-overview/
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Capital
Punishment, 2020 – Statistical Tables, December 2021,
https://bjs.ojp.gov/library/publications/capital-punishment-2020-statistical-tables
Death penalty information center, execution list 2022, https://deathpenaltyinfo.org/executions/2022
Death penalty information center, execution list 2023, https://deathpenaltyinfo.org/executions/2023
Death penalty information center, Race and death penalty by the numbers,
https://deathpenaltyinfo.org/policy-issues/race/race-and-the-death-penalty-by-the-numbers
“Since 1973, over 156 people have been released from death rows in 26 states because of innocence.
Nationally, at least one person is exonerated for every 10 that are executed.” See: ACLU, “The case
against the death penalty”, December 2012, https://www.aclu.org/documents/case-against-deathpenalty
See report of the UN Special Rapporteur on torture on the death penalty as a violation of the
prohibition of torture and cruel, inhuman or degrading treatment or punishment, 2012, A/67/279,
https://undocs.org/Home/Mobile?FinalSymbol=A%2F67%2F279&Language=E&DeviceType=Deskt
op&LangRequested=False

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US, 120 including 41,000 to 48,000 for 15 days or longer. 121 When calculating any number of
days in a cell for 22 hours or more, the estimate increases to 122,840 people. 122 Of the persons
in solitary confinement for 15 days or longer, more than 75% were held between 15 days and
a year; the remaining quarter were reported to have been isolated for more than a year, with
14.4% for one to three years, 4.0% for three to six years, 2.1% for six to 10 years, and 3.7%
for more than a decade in solitary confinement. 123
101. In the Los Angeles County Jails, the Mechanism could speak to several persons, most
of them Black men, held in solitary confinement. Experts could observe how each individual
was held alone in a little cell containing a bunk, a toilet, and a sink for more than 23 hours a
day with little human contact or interaction; reduced natural light; limited visitation; and
absence of group activities such as sharing a meal with other inmates, or even speaking to
others. In general, the Mechanism noticed that solitary confinement in LA jails appeared to
have a disproportionate impact on persons of African descent. The experts spoke to older
persons of African descent held in solitary confinement, including one Black man who had
been detained in isolation for 11 years in a row. The Mechanism was informed that inmates
could legally be held in isolation for a maximum of 30 days, but that this period could be
renewed several times without a specific maximum limit, at the discretion of correctional
authorities.
102. The Mechanism further received numerous testimonies from formerly incarcerated
individuals of African descent, around the deleterious long-term effects of solitary
confinement, including anxiety, sleep disorders, panic attacks, depression, and suicide. The
Mechanism is especially alarmed as the practice is reported to also apply to children, with
also dramatic effects on their mental health, sometimes leading to suicides. Children held in
adult facilities are reportedly 36 times more likely to commit suicide than adults. The
Mechanism heard the testimony of family member of Kalief Browder, arrested at the age of
16, who committed suicide after being held in solitary confinement for two years in the Rikers
Island detention facility in New York. The Mechanism stresses that the practice of solitary
confinement contributes to the acuity of the mental health crisis in the criminal justice system
across in the US and that severe cases amount to torture or ill-treatment. The Mechanism
regrets the mistaken idea that solitary confinement can be a long-lasting and satisfactory
means of offering protection for detainees at risk. On the contrary, this should be considered
a practice of last resort, and conditional to the detainees' consent.
103. The Mechanism also rejects the belief that security can be achieved by using more
restrictions and disciplinary measures upon persons deprived over their liberty, rather than
by improving conditions of detention, including by offering fair and constructive training and
occupations, adequate treatment for substance dependence and/or mental health conditions,
education, recreation and a prison regime which increases the potential for prisoners to be
rehabilitated upon release, to avoid recidivism.
104. The Mechanism is aware of several ongoing lawsuits binding the LA County Jails to
comply with detention minimum standards. It urges the US and California authorities to
urgently improve material conditions of detention in the Los Angeles County jails, including
for the population with mental health conditions or psychosocial disabilities.
105. The Mechanism calls upon the US authorities, including all relevant State correctional
authorities, to ensure that restrictions on detainees in State and federal prisons and jails are
120

121

122
123

See: ACLU, “The Dangerous Overuse of Solitary Confinement in the United States”
https://www.aclu.org/report/dangerous-overuse-solitary-confinement-united-states See also SPLC
report, “Solitary Confinement: Inhumane, Ineffective, and Wasteful”,
https://www.splcenter.org/sites/default/files/com_solitary_confinement_0.pdf
“Time-In-Cell: A 2021 Snapshot of Restrictive Housing Based on a Nationwide Survey of U.S.
Prison Systems” https://law.yale.edu/centers-workshops/arthur-liman-center-public-interestlaw/liman-center-publications/time-cell-2021
“Calculating Torture: The Most Accurate Count to Date of People Being Held in Solitary
Confinement,” Solitary watch, https://solitarywatch.org/calculating-torture/
“Calculating Torture: The Most Accurate Count to Date of People Being Held in Solitary
Confinement,” Solitary watch, https://solitarywatch.org/calculating-torture/
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only imposed in exceptional circumstances, as a measure of last resort, and for as short a time
as possible. It further reminds the US authorities that solitary confinement shall never be
imposed upon children. All use of restrictions on detainees, including solitary confinement
must be in accordance with international human rights standards, including the UN Standard
Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

I. Mental health conditions in detention
106. The Mechanism was alarmed over the fact that U.S. prisons and jails incarcerate a
disproportionate amount of people who have a current mental health condition or
psychosocial disability: 43% in state prisons 124 and 44% in local jails. 125 Many of these
persons are Africans and people of African descent. During the visit to the Los Angeles
County jails, the facility of the Twin Towers was described by the correctional authorities
themselves as the “largest state provider of mental health”. The majority of the 2400 men
held in the LA Twin Towers facility at the time of the Mechanism’s visit reportedly suffered
from a mental health condition or psychosocial disability. At the time of the visit to the Cook
County Jail (Illinois), 65% of the inmates reportedly had a mental health condition or
psychosocial disability. Many of these detainees were reported to be waiting for a mental
competency assessment to stand trial, or to remain in detention for lack of places in mental
health institutions. Priority was given to forensic in-patients with acute psychiatric needs,
who were transferred to hospital for the forced administration of treatment.
107. The Mechanism is concerned over the management of this population by the carceral
system, symptomatic of an inherently punitive approach, which is incompatible with a
therapeutic mission and with the needs of these vulnerable persons. The Mechanism is of the
view that the population with mental health conditions or psychosocial disabilities, many of
whom are of African descent, should not be in prison or jail.
108. The mechanism welcomes that on 22 June 2023, the District Court of California
approved an extraordinary settlement between people incarcerated in Los Angeles jails
— represented by the ACLU— and the Los Angeles County Board of Supervisors which,
inter alia, requires the creation of at least 1,925 new community beds by the county as
alternatives to jailing people with mental illness 126 and increase of mental health
staffing. 127 This good example could be considered to be replicated in many other parts of
the country.
109. The Mechanism recommends to the US, and all relevant state correctional authorities,
to address the root causes that drive criminal-legal involvement of persons with mental health
conditions or psychosocial disabilities, including racial discrimination, substance abuse and
homelessness, considering their disproportionate representation among the African American
population. It also calls the US to put in place adequate and appropriate data collection,
analysis and publication on mental health conditions and psychosocial disabilities in jails and
prisons, and an intersectional analysis of such data, which is fundamental to drive informed
responses for the criminal justice system.

J. Forced prison labour
110. In 1865, the 13th amendment to the United States Constitution prohibited slavery,
except as a punishment for a crime: “Neither slavery nor involuntary servitude, except as a

124
125

126
127

Prison Policy Initiative, “Chronic Punishment: The unmet health needs of people in state prisons”,
June 2022, https://www.prisonpolicy.org/reports/chronicpunishment.html#mentalhealth
U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, Special report:
“Indicators of Mental Health Problems Reported by Prisoners and Jail Inmates, 2011-12”, June 2017,
https://bjs.ojp.gov/content/pub/pdf/imhprpji1112.pdf
https://www.aclu.org/press-releases/aclu-reaches-landmark-settlement-in-l-a-county-jails-case.
https://www.aclu.org/cases/rutherford-v-luna?document=rutherford-v-villanueva-exhibits-q-supportdeclaration-melissa-camacho-cheung-doc-319.

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punishment for crime whereof the party shall have been duly convicted, shall exist within the
United States, or any place subject to their jurisdiction.” 128 The Mechanism received reports
describing how, after the abolition of slavery, the arrest and incarceration of people of African
descent for petty crimes or vagrancy increased, with a view to having access to free or almost
free cheap labour.
111. The Mechanism is astonished by evidence stating that this access to free or almost
free Black work force, through free or poorly paid prison forced labour, exists to this day in
the United States, constituting a contemporary form of slavery. Further, it received
information stating that workers in prison are assigned hazardous work in unsafe conditions
without the training or protective gear needed, and, if they refused to work, even for a medical
condition or disability, they are punished accordingly. 129
112. The delegation received shocking information over “plantation-style” prisons in
Southern States, in which contemporary forms of slavery are reported. Commonly known as
“Angola”, the Louisiana State Penitentiary occupies an 18,000-acre former slave plantation,
larger than the island of Manhattan. The plantation prison soil worked by incarcerated labour
today is the same soil worked by slaves before the civil war. “Angola” currently houses nearly
5000 adult men, the majority of them Black men, forced to labour in the fields (even picking
cotton) under the watch of white “freemen” on horseback, 130 in conditions very similar to
those of 150 years ago. The Mechanism received direct testimonies from “Angola” victims
and allegations of children being transferred to this prison, held in solitary confinement and
in general under appalling detention conditions. 131
113. Further, the Mechanism received direct testimonies that in the state of Georgia
detainees are unpaid in jails and prisons. In the Cook County Jails (Illinois), which the
Mechanism visited, inmates are reportedly paid 5 to 6 dollars for a whole day of cooking or
laundry work. This seems to be above the national average, since works in prison in the US
reportedly rarely pay more than one dollar an hour, many of them paying just a few
pennies. 132 Such unpaid, or unfairly remunerated labour appears to lead to private profiteering
of corporations managing jails and prisons, to the detriment of the wellbeing, rights, and
dignity of inmates. Reportedly, incarcerated workers produce more than $2 billion a year in
goods and commodities and over $9 billion a year in services for the maintenance of the
prisons where they are warehoused. 133
114. The Mechanism is of the view that unpaid or poorly unpaid forced prison labour in
the United States perpetuates slavery to the present day. It represents the worst version of a
racist criminal legal system and erodes efforts towards addressing systemic racism. The
Mechanism stresses that slavery, servitude, and torture and ill-treatment, have no room in our
world today, even for persons condemned for the most serious crimes. The Mechanism calls
the United States to eliminate these practices in accordance with international human rights
standards, such as the United Nations Standard Minimum Rules for the Treatment of
Prisoners (the Nelson Mandela Rules). Incarcerated workers in the US should have their
labour rights assimilated to the rights of all other non-incarcerated workers.

128
129

130
131

132

133

https://www.archives.gov/milestone-documents/13th-amendment
ACLU and the University of Chicago (the law school global human rights clinic), “Captive Labor:
Exploitation of Incarcerated Workers”, 2022, https://www.aclu.org/report/captive-labor-exploitationincarcerated-workers
The Promise of Justice Initiative, “End plantation prisons project”, https://labor.promiseofjustice.org/
https://theappeal.org/angola-prison-children-death-row-louisiana/
https://edition.cnn.com/2023/07/19/us/louisiana-juveniles-angola-heat-isolation/index.html
https://www.splcenter.org/news/2023/03/20/investigate-childrens-rights-violations-angola-prison
ACLU and the University of Chicago (the law school global human rights clinic), “Captive Labor:
Exploitation of Incarcerated Workers”, 2022, https://www.aclu.org/report/captive-labor-exploitationincarcerated-workers
ACLU and the University of Chicago (the law school global human rights clinic), “Captive Labor:
Exploitation of Incarcerated Workers”, 2022, https://www.aclu.org/report/captive-labor-exploitationincarcerated-workers
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K. Disenfranchisement
115. With 48 states banning people with felony convictions from voting, an approximate
of 4.6 million citizens in the United States (two percent of the adult voting-age population)
are unable to vote due to this disenfranchisement. 134 African Americans are disenfranchised
at a rate 3.5 times higher than the general population, but in some states, the rates are much
higher. 135
116. Many of these citizens remain disenfranchised long after their sentence has been
served and the period of carceral punishment has ended: 77% of disenfranchised Americans
are post-incarceration, living already in their communities. 136 Financial and bureaucratic
impediments, such as outstanding fines, fees, court costs, and restitution, are the main cause
that prevent citizens from regaining their voting rights after they are legally allowed to do
so. 137
117. The Mechanism is concerned about the generalized practice of disenfranchisement in
the United States, especially because of the disproportionate impact on Afro-descendant
persons and communities in exercising their civil and political rights. The US should diminish
disenfranchisement to the maximum extent possible, eliminating the financial and legal
barriers to re-enfranchisement. Legislation, such as S.481, “Democracy Restoration Act”,
should be considered, to ensure all citizens regain their right to vote after serving their
criminal sentence.

L. Chicago Torture
118. The Mechanism received several testimonies from African American victims of
torture, which was inflicted upon the victims between the 1970’s and 1991 in Chicago,
including against children. The torture described included electric shocks, burns and mock
executions, among other brutal acts, in order to extract confessions. Even though the City of
Chicago officially apologized for these events 138 and some victims received compensation in
recent years 139, the police officers were reportedly never charged with crimes directly
stemming from the torture inflicted despite reports of at least 118 victims of torture 140. A
victim told the Mechanism he served 25 years in prison following torture with electric shocks
at the age of 17, he was ultimately exonerated, but is still waiting for his certificate of
innocence. 141
119. The Mechanism is alarmed at the protracted delays faced by victims seeking justice
and by the reports that some remain in prison decades later, under torture confessions. It calls
upon the relevant State authorities to ensure that all victims receive justice and full
reparations, including those still in prison.

134

135

136

137

138
139
140
141

The Sentencing Project, “Locked Out 2022: Estimates of People Denied Voting Rights”, October
2022, https://www.sentencingproject.org/reports/locked-out-2022-estimates-of-people-denied-votingrights/
Alabama, Arizona, Florida, Kentucky, Mississippi, South Dakota, Tennessee, and Virginia. See: The
Sentencing Project, “Locked Out 2022: Estimates of People Denied Voting Rights”, October 2022,
https://www.sentencingproject.org/reports/locked-out-2022-estimates-of-people-denied-voting-rights/
The Sentencing Project, “Locked Out 2022: Estimates of People Denied Voting Rights”, October
2022, https://www.sentencingproject.org/reports/locked-out-2022-estimates-of-people-denied-votingrights/
Joshua M. Feinzig, "Felon Re-enfranchisement and the Problem of Lost Rights," Yale Law Journal
Forum 13, no.1 (2021): 142-161, https://www.yalelawjournal.org/forum/felon-re-enfranchisementand-the-problem-of-lost-rights; and "Felony Voting Rights Restoration in Alabama," Campaign Legal
Center, https://campaignlegal.org/cases-actions/felony-voting-rights-restoration-alabama
https://chicagotorture.org/reparations/ordinance/
https://www.reuters.com/article/us-usa-chicago-torture-idUSBRE98B00V20130912
https://www.theguardian.com/us-news/2018/sep/19/chicago-cop-jon-burge-torture-dies
Testimony heard during the visit to Chicago on 30 April 2023.

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M. Homelessness
120. On a single night in 2022, more than a half million people (582,000 persons)
experienced homelessness in the Unites States, 142 with an overrepresentation of Africans and
people of African descent. 143 During its visit to Los Angeles, the Mechanism was informed
that 35% of the 40,000 homeless persons in the city are Africans or people of African descent.
121. The Mechanism is not only deeply concerned by these overwhelming figures, but also
by information received on the harmful interaction of law enforcement and the criminal
justice system with homelessness, including its criminalisation. The Mechanism wants to
emphasize that homelessness persecution and criminalization is ineffective in addressing the
issue and deeply damaging to individuals and communities. Arrests, fines, and consequently
criminal convictions result in incarceration, where persons may remain for prolonged periods
because of inability to pay bail. This carries a vast array of social consequences, including
losing their jobs, custody of their children, property and employment. Once released, a
criminal record makes it even more difficult to find a new employment and housing, leading
to more risks of homelessness, and more arrest and incarceration. 144
122. The Mechanism reiterates that policing and criminalization cannot and should not be
the default solution to social problems and encourages efforts translating into non-coercive
non-policing responses to homelessness.
123. While acknowledging some of the efforts devoted to the issue, including some
substantial allocation of resources devoted to material solutions (e.g. beds and shelters), the
Mechanism considers that a more robust approach is needed. The Mechanism encourages the
United States, and all relevant State and local authorities, to address the root causes of
homelessness, including the confluence of various and intersecting layers of discrimination
and systemic racism at the heart of the housing problem, including related to mental
conditions and disabilities and drug abuse. In tackling this social issue, the US needs to
consider underlying needs associated with decades of discriminatory policies resulting in
segregation, poverty and inequality, including the lack of adequate education, healthcare,
jobs and other economic opportunities faced by many marginalized communities, including
of Africans and people of African Descent.

N. Drug policies
124. Interconnected with systemic racism, the “war on drugs” i.e., drug laws and policies
in place for at least five decades in the United States, makes Africans and persons of African
descent disproportionately more likely to experience harmful interaction with law
enforcement and the criminal legal system.
125. Drug related offenses are the leading cause of arrest in the United States. 145 Numbers
on the general overuse of incarceration and criminal supervision, and of the
overrepresentation of people of African descent, as well as other evidence received by the
Mechanism, indicate that Black persons are targeted more by law enforcement and are more
overrepresented in drug related arrests than other race groups, despite similar rates of drug
use and sales. For example, in the US Black people are 3.6 times more likely than white
people to be arrested for marijuana possession, albeit comparable usage rates. But in some
142

143

144
145

US Department of Housing and Urban Development, “The 2022 Annual Homelessness Assessment
Report (AHAR) to Congress”, December 2022,
https://www.huduser.gov/portal/sites/default/files/pdf/2022-AHAR-Part-1.pdf
“People who identify as Black made up just 12 percent of the total U.S. population but comprised 37
percent of all people experiencing homelessness” See: US Department of Housing and Urban
Development, “The 2022 Annual Homelessness Assessment Report (AHAR) to Congress”,
December 2022, https://www.huduser.gov/portal/sites/default/files/pdf/2022-AHAR-Part-1.pdf
See: Prison Policy Initiative, “Nowhere to Go: Homelessness among formerly incarcerated people”,
August 2018, https://www.prisonpolicy.org/reports/housing.html
With 11,858,126 arrests in 10 years (2011-2021). See: Federal Bureau of Investigation Crime Data
explorer, https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/explorer/crime/arrest
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specific US states, disparities can be greater, as much as six, eight or almost 10 times more
likely to be arrested. 146
126. The Mechanism joins other UN mandates stating that the ‘war on drugs’ “has been
more effective as a system of racial control than as a tool to reduce drug markets. Policing
interventions based on racial profiling remain widespread, whilst access to evidence-based
treatment and harm reduction for people of African descent remains critically low.” 147
127. The Mechanism received information on the inseparable links between the federal
drug policy, the federal programs funding and transferring military equipment to law
enforcement agencies, and police killings of inhabitants in the US. 148 Black people are more
impacted by the use of this kind of equipment and tactics deployed in drug related raids,
despite the fact that people of all races use and sell drugs at similar rates. 149 Normalization of
military equipment in law enforcement agencies can enable and encourage a type policing
that prioritize use of force, including excessive use of force.
128. The Mechanism welcomes that the question of “Limiting the Transfer or Purchase of
Certain Military Equipment by Law Enforcement” was addressed by the Presidential
Executive Order 14074 of May 25, 2022. However, encourages all authorities involved to
keep delivering on the matter, including through more comprehensive legislation, taking into
account initiatives such as the “Stop Militarizing Law Enforcement Act” of 2021. 150

VI.

Recommendations
129. The Expert Mechanism acknowledges the efforts the federal government and
other state and local governments are taking to address systemic racism against
Africans and people of African descent in the context of law enforcement and the
criminal justice system. It also expresses satisfaction at the willingness to engage in
dialogue and cooperate with the Expert Mechanism to address these issues. The
Mechanism looks forward to continuing to cooperate with the United States to
implement its recommendations.
130. In addition to all the recommendations detailed throughout this report, the
Mechanism addresses the following to all the United States, including all its
jurisdictions and domestic authorities, states and territories, including the more than
18,000 law enforcement agencies:
131. Fully implement the United Nations High Commissioner for Human Rights’
four-point agenda towards transformative change for racial justice and equality,
containing 20 actionable recommendations to end systemic racism and human rights
violations by law enforcement against Africans and people of African descent. 151
132. Implement the general recommendations of this Expert Mechanism contained in
its two first thematic reports, on data collection and policing. Ensure by legislation the
required capacity to collect, compile, analyse and publish data, disaggregated by race

146

147
148

149
150
151

ACLU research report, “A Tale of Two Countries: Racially Targeted Arrests in the Era of Marijuana
Reform”, 2020. https://www.aclu.org/report/tale-two-countries-racially-targeted-arrests-eramarijuana-reform
Press release of 23 June 2023: UN experts call for end to global ‘war on drugs’.
https://www.ohchr.org/en/press-releases/2023/06/un-experts-call-end-global-war-drugs
“Across the country, heavily armed Special Weapons and Tactics (SWAT) teams are forcing their
way into people’s homes in the middle of the night, often deploying explosive devices such as
flashbang grenades to temporarily blind and deafen residents, simply to serve a search warrant on the
suspicion that someone may be in possession of a small amount of drugs.” ACLU, “War comes home:
the excessive militarization of American Policing”, June 2014. https://www.aclu.org/report/warcomes-home-excessive-militarization-american-police
ACLU, “War comes home: the excessive militarization of American Policing”, June 2014.
https://www.aclu.org/report/war-comes-home-excessive-militarization-american-police
H.R.1694 - Stop Militarizing Law Enforcement Act, Introduced in House of Representatives
(03/09/2021) https://www.congress.gov/bill/117th-congress/house-bill/1694
A/HRC/47/53

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or ethnic origin, on direct interactions of the population with law enforcement and the
criminal justice system, including stop-and-search, arrests, racially motivated crimes,
the use of force, and on related complaints, investigations, prosecutions, and
convictions.
133. Combat systemic racism and racial discrimination against Africans and people
of African descent with a systemic human-rights-based approach, considering a
transitional justice approach.
134. Tackle poverty and lack of quality education, employment opportunities,
healthcare, adequate housing and other human rights violations as a way to combat
systemic racism against Africans and people of African descent, including in the context
of law enforcement and the criminal justice system.
135. Adopt a human-rights-based approach to policing. Strictly review and modify all
laws, policies, procedures and practices to restrict the use of force to ensure they are in
compliance with international standards on the use of force and firearms by law
enforcement officials, particularly the principles of legality, precaution, necessity,
proportionality, accountability and non-discrimination. Apply these principles in all
kind of police operations and all use of force. Ban the use of chokeholds and carotid
restraints.
136. Adopt a national strategy, including with national legislation, to reduce to the
maximum possible the number of killings by law enforcement. Gradually withdraw all
armed officers from routine traffic enforcement and remove their authority to stop cars
only for minor traffic violations. Instead, consider putting in place civilian traffic
response units. Prioritize unarmed civilian first responder programs to mental health
crises.
137. Eliminate all racial profiling. Describe and prohibit racial profiling in federal,
state and local legislation, taking into account initiatives like the “End Racial and
Religious Profiling Act”; all allegations of racial profiling should be investigated and
prosecuted or disciplined accordingly; disaggregated data for all incidents, complaints
and investigations on racial profiling should be collected, analysed, and publicized by
all law enforcement agencies; law enforcement should receive adequate training to
acknowledge and tackle this widespread bias; new technologies should be regulated.
138. Create an effective nationwide record system of individuals under investigation
or found criminally or administrative guilty for police misconduct, with a view to
preventing these individuals from being rehired by other law enforcement agency.
139. Remove police presence in schools and implement alternatives, including
investing in sufficient qualified personnel such as counsellors, social workers, nurses
and mental health professionals.
140. Adopt an immigration system with a human rights-based approach and address
systemic racism within the ranks of immigration authorities.
141. Ensure that all legislation regulating the right to peaceful assembly follows
international human rights standards.
142. Stop the generalized normalization of military equipment in law enforcement.
Limit and strictly regulate the acquisition, trade and use of military equipment by law
enforcement. Review in detail and strictly regulate the design, manufacture, trade and
use of all less-lethal weapons.
143. End the “war on drugs” and adopt a human rights-based approach to drug
policies. Decriminalize low-level drug offenses. Reduce and strictly regulate “no knock”
entries and the use of militarized enforcement teams.
144. Ensure accountability in all cases of excessive use of force and other human
rights violations by law enforcement officials, by prompt, effective and independent
criminal investigations, with a view to holding perpetrators accountable. Address the
actual effect of the standard of “reasonable police officer” in assessing whether to
prosecute criminal charges of police abuse.
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145. Guarantee the victims' right to reparations, covering restitution, compensation,
rehabilitation and satisfaction, including addressing the actual effects of the doctrine of
qualified immunity in cases pursuing civil damages for serious police violence. Improve
civilian and criminal oversight mechanisms to law enforcement and provide them with
compelling power and the allocation of appropriate resources.
146. Develop programs to provide mental health care and wellness for law
enforcement officials.
147. Firmly address the issues of systemic racism and white supremacy ideology
inside law enforcement agencies, including against Black law enforcement officers.
148. Evaluate the recruitment and training of police officers to ensure appropriate
education on human rights standards and non-discrimination and provide for
independent and impartial periodic review of law enforcement practices to ensure
compliance with constitutional and international standards.
149. Adopt a national strategy to reduce the overrepresentation of people of African
descent in the criminal justice system. Revert the increase and reduce to the maximum
extent possible pretrial detention. Guarantee the right to immediate access to legal
representation. Privilege alternatives to detention in accordance with the United
Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules).
150. Protect all children below 18 years old from the adult criminal legal system.
Eliminate the detention of all children for misdemeanour-level offenses. Abolish
children life sentences without the possibility of parole. End the detention and
processing in the criminal justice system, including the juvenile system, of all children
under (at least) 15 years of age. Apply the juvenile (child) justice system only to children
that were more than 15 and less than 18 years old at the time of the offense, regardless
of the age at which they are being sentenced.
151. Eliminate “death by incarceration” sentences. Ensure that all sentences include
parole eligibility within a reasonable number of years, and always below life
expectancy.
152.

Abolish the death penalty.

153. Exercise clemency powers in favour of all persons already in death row, persons
serving sentences beyond life expectancy, and persons who were convicted for
confessions under torture, especially children and persons who committed crimes when
they were children and older persons.
154. Strictly regulate solitary confinement and other forms of restrictions in detention
in accordance with international standards. Ensure that these restrictions are only
imposed in exceptional circumstances, as a measure of last resort, and for as short a
time as possible. These restrictions should only be imposed with adequate due process
safeguards to ensure that detainees enjoy fair opportunity to challenge them. Never
impose solitary confinement upon children, or upon persons with any form of psychosocial disability, or upon pregnant or breast-feeding women. Gather, analyse, and
publish disaggregated data on these restrictions, including solitary confinement, in all
kinds of detention centres, specifying the reasons for imposing, and the duration of it.
155. Reduce to the maximum extent possible the care and management by the
criminal justice system of persons with mental health conditions or psychosocial
disabilities. Address the root causes that drive their alleged criminal conduct, including
racial discrimination, substance abuse and homelessness.
156. Eliminate the free or poorly paid prison forced labour. Ensure that incarcerated
workers have their labour rights assimilated to the rights of all other non-incarcerated
workers, including the payment of the local minimum wage.
157. Diminish disenfranchisement to the maximum extent possible, eliminating the
financial and legal barriers to re-enfranchisement.

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158. Ratify the Optional Protocol to the Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (OPCAT), and consequently
establish one or several National Preventive Mechanisms.
159. Establish a national human rights institution in accordance with the Paris
Principles, to streamline ongoing implementation of existing recommendations
including those in this report.
160. Echoing existing recommendations of other UN human rights mechanisms
(WGPAD, CERD), we encourage the establishment of a commission to study and
develop reparation proposals for people of African descent, in close consultation with
those most impacted.

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Annex
The Mechanism extends its deep appreciation to the affected individuals who provided
testimony before the Mechanism during the visit to the United States of America, as listed
below, and to all others who contributed in one way or another.

In Atlanta,
at the Auburn Avenue Research Library on African American Culture & History:

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Bridgette Simpson
Darius Gamble
Dominique Hill
Engrid Hamilton
Keyanna Jones
LaShundra Mitchell
Leah Spann
Leroy Spann
Melodie Jones
Mikia Hutchings
Mumia Abu Jamal
Nia Thomas
Pamela Winn
Rev. Edward Pinkney
Ronald Marshall
Sandra Barnhill
Terrance Winn
Toni-Michelle Williams
Waleisah Wilson

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Adrienne Hood, Columbus OH - Honoring Henry Green V
Angela Y. Davis (Ruchell Magee)
Anita Wills, San Leandro CA - Honoring Kerry L. Baxter, Jr.
Bilal Sunni Ali (Imam Jamil Al-Amin) (H. Rap Brown)
Chinganji Akinyela (Assata Shakur and Nehanda Abiodun)
Dalphine Robinson, Atlanta GA - Honoring Jabril Robinson
Deborah Bush, San Antonio TX - Honoring Marquise Jones
DeLisa Davis, DeKalb County GA - Honoring Kevin Davis
Ingrid Smyrna, Atlanta GA - Honoring Andrew Smyrna
Janet Baker, Houston TX [read by Shunkecia Lewis] - Honoring Jordan Baker
Jeralynn Brown-Blueford, Tracy CA - Honoring Alan Blueford
Jimmy Hill, Atlanta GA - Honoring Jimmy Atchison
Kathy Scott-Lykes, Columbus GA - Honoring Jarvis Lykes
Masai Ehehosi (Major Tillery)
Montye Benjamin, Decatur GA - Honoring Jayvis Benjamin
Sacajawea Hall (Pete O'Neal and Charlotte O'Neal)
Shelia Banks, Palm Beach Gardens FL - Honoring Corey Lamar Jones
Toni Franklin Boykins, Paulding County GA - Honoring Le’Den Boykins
Venethia Cook, Cobb County GA - Honoring Vincent D. Truitt
Watani Tyehimba (Dr. Mutulu Shakur)

In Los Angeles,
at the Los Angeles Community Action Network:

Billion Godsun
Daniel Tse
Dennis Childs
Dominic Archibald
General Dogon
Guerline Jozef
Mirard Joseph
Natosha Smith
Paul Pierrilus
Pete White
Rebecca Alemayehu
Stephanie Arnold Williams
Tremaine Wade

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April Adkins
Beatrice X Johnson
Bobby X Johnson
Curtis Howard
Denise Friday
Dorsey Nunn
Fouzia Almarou
Pam Fields
Quintus Moore
Robyn Williams
Rolanda Ashley
Shemeka Smith
Stephanie Jeffcost

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In Chicago,
at the DuSable Black History Museum & Education Center:
Alonzo and Cara Wilson - Parents of Alexis Wilson
Anthanette Marshbanks - Mother of Archie Chambers
April Ward - Mother of Michael Ward
Arwena Karen Winterns – Aunt of Pierre Loury
Carolyn Wiggins - Mother of Marcus Wiggins
Cynthia Hendrix - Mother of Treasure Hendrix
Cynthia Lane McIntosh - Mother of Roshad McIntosh
Denise Spencer - Mother of Michael Carter
Dorothy Holmes - Mother of RonnieMan
Iletha & Dexter - Family Members of Madeline Miller
Rosemary Cade - Mother of Antonio Porter
Takeya Law - Wife of Marcellus French (incarcerated)
Tambrasha Hudson - Mother of Pierre Loury
Tiffany Boxley - Mother of Joshua Beal

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Aislinn Pulley
Anthony Holmes
Carl Williams
Crista Noel
Damon Williams
Elijah Hudson
Frank Chapman
James Robinson
Jasmine Smith
Jermaine Johnson
Kaleed London
Mark Clements
Pebbles Prince
Sean Tyler

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In Minneapolis,
at the Urban League Twin Cities:

Antonio Williams
Breanna Buckhalton
Elizer Darris
Lucina Kayee
Myon Burrell

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Amity Dimock – Honoring Kobe heisler
Bayle Adod Gelle – Honoring and Father of Dolal Idd
Courtney Ross
– Honoring George Floyd
Deborah Watts – Honoring Emmitt Till
Karen Wells – Honoring Amir Locke
Marvina Haynes – Honoring Marvin Haynes (incarcerated)
Matilda Smith – Honoring Jaffort smith
Monique Johnson – Honoring Howard Johnson
Tahisha William – Honoring Courtney William
Toshira Garraway– Honoring Justin Teigen
Valerie Castile– Honoring Philando Castile

In New York City,
at the Malcolm X and Dr. Betty Shabazz Memorial & Educational Center:

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Abraham Paulos
Aneiry Zapata
Aqirah Stanley
Assia Serano
Iisha Stevens-Hamilton
Jean Montrevil
Karim Golding
Lonnie Lewis, Jr.
Roslyn Smith
Tyrrell Muhammad
Uchechukwu Onwa

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Akeem Browder - Brother of Kalief Browder
Angelica Charles
Anna Williams - Aunt of Elijah Muhammad
David Norman
Gwen Carr - Mother of Eric Garner
Hortencia Peterson - Aunt of Akai Gurley
Lezandre Khadu - Mother of Stephan Khadu
Luqman Stroud
Natacha Pannell - Brother of Phillip Pannell
Stanley Bellamy
Victor Dempsey - Brother of Delrawn Smalls

33