A/HRC/40/59 5. Socioeconomic marginalization and discrimination 57. As the Subcommittee on Prevention of Torture has observed, corruption violates the rights of all those affected by it, but it has a disproportionate impact on people belonging to groups exposed to particular risks such as minorities, indigenous peoples, migrant workers, people with disabilities, those with HIV/AIDS, refugees, prisoners, women, children and those living in poverty (CAT/C/52/2, para. 80). Indeed, wherever certain communities, groups or individuals are marginalized by prejudice, social exclusion and economic disempowerment, their situation tends to be exacerbated by an increased exposure to both corruption and torture or ill-treatment, including widespread or systematic practices of extortion, gender-based violence, arbitrary arrests and forced confessions or denunciations. At the same time, “tough on crime” policies expose the most marginalized to an almost inescapable downward spiral of brutalization. 58. In practice, such abuse is almost never investigated, prosecuted and adjudicated, thus giving rise to societal “niches” of near complete impunity and denial of justice. Practices of corruption and torture or ill-treatment that exploit and consolidate significant imbalances of power based on social, political or socioeconomic exclusion and marginalization can only be eradicated by measures that comprehensively address and effectively remove the underlying social injustice in line with the universal principles of non-discrimination and of effective separation of powers. 17 While growing awareness of these issues has resulted in multiple national and international normative and policy initiatives, including in the framework of the 2030 Agenda for Sustainable Development, significant efforts remain necessary to remedy the negative consequences of discrimination and marginalization worldwide (A/73/207, paras. 63–74 and 77). 6. Excessive incarceration and involuntary institutionalization 59. So-called “tough on crime” policies, which excessively penalize non-violent offences, are not only counterproductive in terms of failing to reduce long-term crime rates but also create environments conducive to corruption and torture or ill-treatment. For example, criminalizing and imposing mandatory investigative and punitive detention for irregular border crossings, minor drug offences or other frequent but non-violent transgressions inevitably leads to excessive incarceration, prolonged pretrial detention and overcrowded, under-resourced detention facilities, with all the above-mentioned manifestations of corruption and abuse to be expected in such situations. 60. Moreover, the case-by-case handling of petty offences is often left to police discretion, which encourages extortion or the use of torture to obtain forced confessions. Similar “niches” of corruption, abuse and impunity also result from widespread practices of prolonged or indefinite administrative detention of irregular migrants, or of involuntary institutionalization of older people or persons affected by actual or perceived psychosocial disabilities. In order to avoid corruption and torture or ill-treatment in the context of excessive deprivation of liberty and forced institutionalization, States should develop policies and practices comprehensively addressing the challenges arising in areas as diverse as crime prevention, migration management and social care, and should avoid any deprivation of liberty or involuntary institutionalization that is not lawful, strictly required and proportionate in the circumstances. IV. Conclusions 61. On the basis of the observations and considerations expressed above, and informed by broad stakeholder consultations, the Special Rapporteur, to the best of his personal judgment and conviction, comes to the conclusions set out below. 17 16 Kristian Lasslett, “Countering grand corruption and kleptocracy through transformative justice: a victims of corruption approach”, draft paper, on file with the Special Rapporteur.