April 27, 2023

Addressing anti-Roma discrimination in criminal justice systems

topic:	Discrimination
located:	Czech Republic, Slovakia
editor:	Katarzyna Rybarczyk

Antigypsyism, the structural and institutional racism targeting Roma people, typically encompasses prejudicial attitudes and negative stereotypes. However, as pointed out by a pan-European anti-racism network ENAR, the issue “gives rise to a much wider spectrum of discriminatory practices.” In Slovakia and the Czech Republic, for example, antigypsyism is deeply ingrained in the criminal justice systems.

Recent reports published by the European Roma Rights Centre (ERRC) revealed that Roma people face discrimination at every stage of criminal proceedings. The problem starts even before they find themselves in the courtroom. In both countries, Roma communities deal with over-policing due to a widespread assumption that all “gypsies” engage in crime. 

Persistent racial profiling leads to the social marginalisation of Roma people, who are often labelled as thieves and murderers. Additionally, in recent years, Roma individuals have reported cases of police violence and illegal home searches without a clear reason. The most extreme examples include a brutal ungrounded raid in Moldava nad Bodvou in Slovakia in 2013, and the forceful restraint of Stanislav Tomáš in the Czech Republic in 2021, which resulted in his death. 

As for defendants who actually have committed a crime, the ERRC's reports found that they are routinely mistreated by judges and prosecutors, who commonly disqualify them from alternatives to sentencing. 

“What we see in general society is mirrored in the institutions as well, it is not just a matter of racist police officers, racist prosecutors, or racist judges – it is an entire justice system that needs major reform in these countries in order to deliver anti-racist justice and eliminate this culture of antigypsyism that exists in criminal justice institutions,” said Đorđe Jovanović, President of ERRC. 

As Roma bashing violates people’s fundamental right to a fair trial and leads to the dehumanisation of the community, the Czech Republic and Slovakia must urgently address the matter. To achieve the goal of ensuring that Roma people are respected in justice systems, it is critical that the two countries develop training programmes to educate law enforcement workers on how to recognise and avoid implicit bias. 

Still, it is important to note that putting an end to discriminatory attitudes towards the Roma is challenging because such viewpoints are deeply rooted in the respective societies. “Many Roma are still victims of prejudice and social exclusion, despite the discrimination ban across EU Member States,” observes the European Commission. For this reason, educational projects teaching Roma individuals about their rights are also necessary to empower them and show them how to stand up for themselves. 

Image by Caroline Hernandez

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