In March 2021, the General State Prosecutor ordered the transformation of a working group on hate speech (established in 2018), which had earlier prepared a monitoring hate crime definition, into a working group on hate speech and hate crime. Same prosecutors that were already specialized in hate speech will now be trained in, and then specialise on hate crime.
ODIHR recognizes Slovenia's efforts in training prosecutors in the area of hate crime. However, based on the available information, it observes that the law enforcement agencies of Slovenia have not recorded the bias motivations behind hate crimes. In addition, Slovenia would benefit from reviewing its existing legal framework in order to ensure that bias motivations can be effectively acknowledged and appropriate penalties can be imposed on the perpetrators.
ODIHR recalls that in the Ministerial Council Decision 9/09, participating States have committed to promptly investigating hate crimes and ensuring that the motives of those convicted of hate crimes are acknowledged. To that end, the law enforcement agencies must, first of all, record the bias motivations behind hate crimes. In the Ministerial Council Decision 9/09, participating States have also committed to enacting specific, tailored legislation to combat hate crimes, providing for effective penalties that take into account the gravity of such crimes.
ODIHR stands ready to support Slovenia in meeting its relevant commitments through the provision of comprehensive resources and tailored assistance in the area of hate crime recording and data collection, as well as further resources and tailored legislative advice.