Austria

Austria regularly reports hate crime data to ODIHR. Austria's hate crime laws are a combination of a general penalty-enhancement provision and a substantive offence. The data reported to ODIHR do not present cases of hate crime and hate speech separately. Hate crime data are collected by the Provincial Agencies for State Protection and Counter Terrorism and the Federal Agency for State Protection and Counter Terrorism (BVT) of the Interior Ministry, as well as by the Ministry of Justice. Hate crime data are regularly published.

How hate crime data is collected in Austria

How hate crime data is collected in Austria

Hate crime data are collected and recorded according to specific types of crimes found in the criminal code. There is no specific system in place for the police to record hate crimes by bias motivation. In the crime recording system, hate crimes fall under the category of "politically motivated crime".

The Federal Agency for the Protection of the Constitution and Counterterrorism, together with one of the Agency's nine regional subdivisions, is responsible for investigating such cases. The Agency's Annual Report on State Security includes a section on "right-wing extremism", with overall figures categorized as "right-wing extremist", "xenophobic/racist", "anti-Semitic" and "Islamophobic" (anti-Muslim) acts, which are further grouped by type of crime (bodily harm, incitement, threat, damage to property, etc.). The Annual Report serves as the basis for different projects.

The main bias motivation attributed to an offence is based on the facts observed, including the victim's testimony, interrogation of the perpetrator, and possible further investigations. The Austrian penal code provision contains a general sentencing enhancement for a bias-motivated crime that is applicable to nearly all crimes. This provision (§33 para. 1, subpara. 5, of the Penal Code) stipulates that it is a special aggravating circumstance "when the act has been motivated by a racist, xenophobic or other particularly condemnable bias, especially those that are directed explicitly against groups, enumerated in section 283 CC, or members because of their membership to these groups."

On 1 November 2020, the Ministry of Interior (MoI) introduced a new electronic recording and data collection mechanism. Complemented by an internal police decree, providing also with a monitoring definition of a hate crime and rules related to quality management, the mechanism henceforth enables flagging potential hate crimes by recording the following bias motivations: age, handicap, gender, colour of skin, national or ethnic origin, religion (including subcategories), sexual orientation, social status and world view. An ERNST system of five bias indicators is used to identify potential hate crime. The interfaces of the police and Ministry of Justice (MoJ) databases were also synchronized so that the flagged hate crime data are also visible to prosecutors once the investigation reports are sent. An integrated report comprising hate crime data from both MoI and MoJ, based on the new recording and data collection mechanism, should be available in 2022 in respect of Austria’s 2021 hate crime data.

Most recent efforts to improve hate crime recording and data collection mechanisms in Austria are further described under "National Developments" below.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2020 156 436 169
2019 125 421 191
2018 307 407 208
2017 302 Not available Not available
2016 425 Not available Not available
2015 395 Not available Not available
2014 186 Not available Not available
2013 110 Not available Not available
2012 91 Not available Not available
2011 59 38 1
2010 101 1 1
2009 62 Not available Not available

About 2011 Data

    Figures represent the total number of offences with xenophobic/racist, anti-Semitic and Islamophobic motives. Austria provides hate crime data disaggregated by bias motivation, and separately, by crime type. Data broken down by bias motivation only is presented here. Data includes crimes of incitement to hatred.

Incidents reported by civil society, international organizations and the Holy See

Reports

Racist and xenophobic hate crime

The Centre for Work against Ethnic Discrimination (ZARA) reported one murder and two physical assaults involving serious injury against members of the same family of Romanian heritage in Traun; five additional physical assaults, two of which involved serious injury; and two cases of threats. The victims were mainly of African origin, and two were of German origin.

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Anti-Semitic hate crime

The Centre for Work against Ethnic Discrimination (ZARA) reported one physical assault, motivated by an anti-Semitic bias.

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Anti-Muslim hate crime

The Centre for Work against Ethnic Discrimination (ZARA) reported three cases of threats, one of which also involved physical assault against a Muslim woman that resulted in serious injuries; and one case of attempted arson and graffiti on the prayer house of the Turkish-Islamic association ATIB in Kufstein, Tyrol.

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Hate crime against Christians and members of other religions

The Holy See reported one incident of anti-Christian graffiti on a house.

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INTERNATIONAL REPORTS

Racist and xenophobic hate crime, Anti-Roma hate crime

The UN Human Rights Council, in its Universal Periodic Review, encouraged Austria to establish a comprehensive system for recording and monitoring racist crimes. It also encouraged increased efforts to combat violence and discrimination against Roma.

KEY OBSERVATION

No information is available.