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Poland

Poland regularly reports hate crime data to ODIHR. Poland's Criminal Code contains several substantive offences. Data reported to ODIHR include cases of incitement to hatred. Hate crime data are collected by the Department of Control, Complaints and Petitions of the Ministry of the Interior, the General Police Headquarters, the Internal Security Agency, the Preparatory Proceedings Office of the General Prosecutor's Office, the Ministry of Justice, the Institute of National Remembrance – General Commission for the Prosecution of Crimes against the Polish Nation, and the Ombudsman's Office. Hate crime data are regularly published. 

How hate crime data is collected in Poland

How hate crime data is collected in Poland

Several public bodies are involved in monitoring and/or collecting data on hate crimes. The main actors in this field are the police and the Prosecutor's Office. Each has a separate recording system and methodology for this task. Since 2015, the police and the Ministry of the Interior and Administration have jointly developed and shared a hate crime data collection system.

All offences committed against people because of their racial, national, ethnic or religious background are classified as hate crimes. While there are no general guidelines on hate crime recording, police officers are required to establish whether the perpetrator was acting out of bias motivation. Bias indicators such as behaviour and statements during the act, circumstances of the crime and characteristics and circumstances connected with the victim are used to determine the motive.

Hate crimes are flagged on the incident form as well as in the police force's electronic database.

Special co-ordinators at both the central (the National Hate Crime Co-ordinator in the Criminal Bureau of the General Police Headquarters) and local levels (police headquarters in every Voivodeship and the Metropolitan Police Headquarters) are responsible for preventing and investigating hate crimes, as well as for compiling data from their district and reporting them monthly to the National Police Information System (KSIP). Monthly reports are forwarded to the Ministry of the Interior and Administration. The same structure is also used to monitor hate speech incidents, which are crimes under the Polish Penal Code. However, these can be separated in the reporting. Data from the police are available on request.

Prosecutors record hate crimes when bias motivations are identified in the proceedings or are implicit in the crime. Guidelines on conducting proceedings for hate crimes cases, issued by the prosecutor general in 2014, unify practices for the prosecution and reporting of hate crimes. Every prosecuted hate crime should be reported to a superior Prosecutor's Office. The cases are also monitored by the Department of Preparatory Proceedings of the National Public Prosecutor's Office, which issues a report on all cases to the Prosecutor General and provides recommendations to subordinate Prosecutor's Offices. The National Public Prosecutor's Office publishes data on hate crime online every six months. Published data contain excerpts from reports on investigations conducted in the organizational units of the prosecutor in a given period of time.

The Division of Statistical Management Information in the Department of Strategy and European Funds of the Ministry of Justice is responsible for organizing, co-ordinating, supervising and preparing statistical reports, including information on hate crimes. The data are obtained from two sources: statistical reports prepared by courts every six months, and the electronic database of the National Criminal Register. The data are published online.

Besides collating the reports from police and receiving information on judicial outcomes from the courts, the Ministry of the Interior and Administration also conducts its own independent monitoring activities.

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

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OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2019 972 432 597
2018 1117 397 315
2017 886 320 260
2016 874 281 236
2015 263 229 195
2014 778 179 127
2013 757 116 53
2012 266 76 39
2011 222 43 24
2010 251 30 28
2009 194 29 27

About 2012 Data

    Two sets of data are reported to ODIHR: The overall number of hate crimes is provided by the police and broken down by type of crime but not by bias motivation (it is presented as “unspecified” bias motivation below). Ministry of Interior reports a number of hate crimes disaggregated by bias motivation, but not by crime type. Most of the cases reported by the Ministry of Interior are included in the overall figure (although due to technical limitation, they are also displayed separately below). Reported data include crimes of incitement to hatred.
  • By bias motivation
  • By type of crime
Download official data
Download official data

National developments

The General Prosecutor’s Office of Poland completed an in-depth analysis of recent investigations and prosecutions in cases of offences committed on the internet and involving racial, national, ethnic, or religious bias. The aim of the analysis was to identify shortcomings and develop methodology to address them. The findings revealed that a significant part of these cases is discontinued or investigation not initiated by the prosecutors due to non-detection of a perpetrator or due to perceived lack of features of a criminal act. The report on findings was disseminated among prosecutors in the country. Some of the examined cases were also followed-up on as a result of the analysis.

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

Developments

Racist and xenophobic hate crime

In Poland and Ukraine, the Never Again Association implemented the UEFA Euro 2012 Social Responsibility Program called “Respect Diversity”, which involved various anti-racial awareness-raising activities before and during the European Championship.

read more ›

Reports

Racist and xenophobic hate crime

The Never Again Association reported 21 physical assaults, including two resulting in serious injury, eight of which were carried out by a group and three involving weapons such as knives, baseball bats, bottles and chains; three cases of vandalism and damage to property, two of which were associated with celebrating anti-racism and Africa Day events; one case of arson against a Chechen family’s flat, with the father and five children inside; and one case of the desecration of graves, at the Ostrołęka Soviet cemetery in Northeastern Poland.

read more ›

Anti-Roma hate crime

The Never Again Association reported one case of attempted arson against several Roma homes; one case of property damage against a car; two cases of public threats by a group against Roma families; and seven physical assaults, including one resulting in serious injury and four carried out by a group. Three attacks involved the perpetrators breaking into the houses of Roma families, with children present.

read more ›

Anti-Semitic hate crime

The Never Again Association reported two cases of vandalism and/or damage to property, ten cases of desecration of cemeteries, one case of threats against the leader of the Jewish community in Warsaw, eight incidents of graffiti on property and one incident of desecration of a synagogue.

read more ›

Hate crime against Christians and members of other religions

The Never Again Association reported one incident of damage to the property of an Orthodox cemetery and one incident of graffiti on the walls of an Evangelical cemetery.

read more ›

Anti-LGBTI hate crime

The Campaign Against Homophobia reported three cases of damage to property, including one involving excrement being smeared on a car that displayed a rainbow sticker, an incident that also involved threats to a gay couple and against an art installation in Warsaw city centre; as well as three physical assaults, including one against a gay couple by two perpetrators, one against a group of people traveling to Warsaw Pride events and a serious attack by a group against two men.

read more ›

INTERNATIONAL REPORTS

Racist and xenophobic hate crime

The UN Human Rights Council, in its Universal Periodic Review, encouraged Poland to consider strengthening legislation on hate crimes, institute a national mechanism on hate crime data collection, and to ensure immediate, adequate and independent investigations of racially motivated crimes.

It also recommended that Poland strengthen measures to prevent racist violence, especially against people of African origin.

Anti-Roma hate crime

The Human Rights Council, in its Universal Periodic Review, recommended that Poland strengthen measures to prevent racist violence, especially against Roma people.

Anti-Semitic hate crime

The UN Human Rights Council, in its Universal Periodic Review, encouraged Poland to enact public-awareness campaigns and government training on discrimination and hate crimes in order to decrease anti-Semitism.

Anti-Muslim hate crime

The UN Human Rights Council, in its Universal Periodic Review, recommended that Poland strengthen measures to prevent racist violence, especially against Muslims.

Anti-LGBTI hate crime

The UN Human Rights Council, in its Universal Periodic Review, encouraged Poland to recognize sexual orientation and gender identity as protected grounds for discrimination and hate crimes and for law enforcement to do outreach with LGBT communities in order to increase reporting of hate crimes.

KEY OBSERVATION

ODIHR observes that Poland has not reported on hate crimes separately from cases of hate speech.

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Contact Us

Email tndinfo@odihr.pl
Tel +48 22 520 06 00
Fax +48 22 520 06 05
OSCE Office for Democratic Institutions and Human Rights (ODIHR)
Tolerance and Non-Discrimination Department
Ul. Miodowa 10
00-251
Warsaw, Poland

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