
Finland
Finland regularly reports hate crime data to ODIHR. Finland's hate crime laws consist of a general penalty enhancement provision. Reported police data include discrimination and defamation offences, which fall outside the OSCE definition of hate crime, although these can be disaggregated. Data on the numbers of prosecutions and sentenced cases are only reported for discrimination cases. Hate crime data are collected by the Police University College of Finland's Research Department, the Interior Ministry, the Prosecutor's Office, the Ministry of Justice and Statistics Finland. Finland conducts regular victimization surveys to measure unreported hate crime.
How hate crime data is collected
All crime reports are recorded in the Finnish Police's national information system (PATJA). PATJA can be used to search and find specific offences using, for example, key words, specific criminal titles, statistical codes and the date the report was filed. PATJA includes dedicated fields for hate crime, although these are not compulsory.
A dedicated Hate Crime Monitoring System is also used. Since 2009, statistical reports on hate crime reported to the police are compiled annually by the Police University College of Finland. Data collection is conducted in three phases: collecting raw data, sifting and classifying offences as hate crimes and creating variables based on incident descriptions.
The Criminal Code of Finland does not include a definition of hate crime, but does include it as an aggravating circumstance for sentencing purposes. For the purpose of reporting, hate crime is defined as a crime against a person, group, property, institution, or a representative of these, motivated by prejudice or hostility towards the victim's real or perceived ethnic or national origin, religion or belief, sexual orientation, transgender identity or appearance, or disability.
The raw data collected for the annual hate crime reports consists of all the reports of an offence recorded by the police on the victim based on the following criteria: 1) all reports marked with the hate crime code; 2) all reports that include "racist" or "racism"; 3) all reports of an offence that include one of the specified criminal titles where one of key words is used (there are 271 key words in total); 4) all reports classified as discrimination, work discrimination, extortionate work discrimination, ethnic agitation, aggravated ethnic agitation, genocide, preparation for the commission of a genocide, crime against humanity, aggravated crime against humanity or torture; 5) all reports where a special (TUPA) code was used. This code was introduced in 2015 to monitor crimes and police action in relation to the present asylum situation.
A police officer filing a report of a crime is instructed to mark the report with a hate crime code if it concerns a hate crime. However, in spite of orders issued by the National Police Board, the use of the code by police officers in reports could be improved. Therefore, other search criteria are needed to locate as many reports of racist offences as possible. The keywords mentioned above include terms of abuse that may have been used during offences. The list of search terms is updated whenever new expressions or other new, effective search terms are discovered.
The reports that are found in the first phase are reviewed. The classification of a case involving hate crime is based on the incident descriptions that the police have recorded and which are included in the reports. A report is classified as a hate crime if one of the injured parties or the police considered the motivation for the crime to be the victim's real or perceived membership in a group, such as an ethnic minority group. Thus, the classification of cases is based on the injured party's own statement about the incident, as not all reports of an offence include a statement from the suspect. The classification of a case can also be based on other clues about the motivation for the crime that are mentioned in the police report. Typical clues include insults referring to the victim's real or perceived membership in a group. The suspect does not have to be a member of the majority population, nor is the victim of the crime necessarily a member of a minority group.
For all reports in the final data, information on suspected crimes, injured parties and suspected offenders is recorded and converted into numeric variables. The information for the variables is collected from the police information system, and includes data such as the city where the incident happened and the personal information about both the injured party and the suspect. Some of the variables are reconfigured (e.g., time of the incident), and some have to be determined on the basis of the narrative information included in the crime reports (e.g., location of the incident, relationship between the victim and the suspect). The analysis of this numerical data gives information about hate crimes reported to the police in the target year, and the results are documented in an annual hate crime report.
The statistical method described above does not identify a hate crime if it is not reported to the police at all or if the report of an offence cannot be found via the data mining method described above. Hate crime victim surveys published by the Ministry of Justice indicate that 80 per cent of those who have been involved in a hate crime did not report it to the police.
There is no systematic practice of reporting hate crime by prosecutors and the judiciary. It is possible to obtain statistics on specific criminal offences, such as incitement to hatred and discrimination. However, when using the name of an offence as a search condition in the current database, the search results only include the most severe offences. In addition, it is possible to get statistics of the cases that police have flagged as hate crimes and that have been prosecuted or sentenced. However, this means that the majority of the cases are not included, since police do not flag all cases. At the moment, it is not possible to get statistics on cases for which the Criminal Code provision on grounds increasing the punishment has been applied by prosecutors and courts, as this information is not always filled in. The data system of the prosecutors and the courts is currently being renewed. A new system (AIPA) will be introduced that will make it easier to find relevant information on hate crime using search words/categorizations. AIPA will be adopted gradually in the next few years. Statistics concerning prosecutors and courts provided in this report have been collected by the Ministry of Justice.
The Discrimination Monitoring Group, co-ordinated by the Ministry of the Justice, consists of representatives of various official agencies, research institutes, NGOs, and equality, gender equality and self-governing bodies. The group also occasionally carries out victim surveys on hate crime. The Institute of Criminology and Legal Policy (ICLP) of the University of Helsinki conducts victimization and offending surveys among young people. These projects include questions on the hate motivation of crimes.
Official Data
Hate crimes recorded by police
A total of 1,237 hate crimes were originally reported to ODIHR. The number of individual crime reports was 899, as one crime report can include several hate crimes. This number included cases of ethnic agitation, defamation and discrimination, which were removed and are not presented here. With the consent of the Roma community, hate crime against Roma people has been included as a category separate from Racism and Xenophobia.
National developments
November 2019 marked the end of a two-year project "Against Hate", funded by European Commission Rights, Equality and Citizenship Programme and co-ordinated by the Ministry of Justice. Project activities were focused on developing hate crime reporting and strengthening the capacities of police, prosecutors and judges to handle cases of hate crime and hate speech, as well as on improving support for hate crime victims. The project included training activities, including five regional training events for police officers, prosecutors and judges in May 2019. A hate crime manual for prosecutors and judges was developed, and a shadow report on reported hate crime cases was published in March 2019. In November 2019, the project released three episodes of a podcast dealing with hate crime. The project also saw the publication in March 2019 of a shadow report on victims' experiences of hate crimes, aimed at including their perspectives in discussions on the issue (https://www.riku.fi/binary/file/-/id/79/fid/2142). Unlike the report on hate crimes by the Police University College, this report drew on qualitative rather than statistical data, and focused on the experiences and needs of victims. This type of data gathering will continue in the "Facts against Hate", launched in December 2019 and co-ordinated by Ministry of Justice.
International reports
Racism and xenophobia
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The Council of Europe's Committee of Ministers published relevant recommendations in its "Resolution on the Implementation of the Framework Convention for the protection of National Minorities by Finland."
Key observation
ODIHR observes that Finland has met most OSCE commitments on hate crime data collection and reporting.