Poland regularly reports hate crime data to ODIHR. Several public bodies are involved in monitoring and/or collecting data on hate crimes, primarily the police and the Prosecutor's Office. Hate crime data are regularly published.
There is a high degree of hate crime specialization in both police and prosecutor structures. More than 100 specialist hate crime prosecutors have been appointed, and a network of hate crime co-ordinators was established in the police in 2014. In 2015, following a request by the lower house of parliament, ODIHR provided a legislative review of proposed changes to the Criminal Code of Poland, including on hate crime provisions.
Poland has implemented ODIHR's Training Against Hate Crime for Law Enforcement (TAHCLE) programme since 2012. In 2018, the Ministry of the Interior, ODIHR and the EU Fundamental Rights Agency co-organized a workshop on understanding and improving hate crime recording and data collection based on ODIHR's Information Against Hate Crimes Toolkit (INFAHCT) programme. Poland also developed and piloted a methodology for conducting victimization surveys as part of ODIHR's project on "Building a Comprehensive Criminal Justice Response to Hate Crime". In 2019, ODIHR co-operated with the Commissioner for Human Rights in Poland to issue a report on the nature and scale of unreported hate crimes against members of selected communities in Poland.
|Year||Hate crimes recorded by police||Prosecuted||Sentenced|
About 2021 Data
The police records represent the number of proceedings initiated by police for hate crimes cases in 2021, including proceedings that were later discontinued owing to a lack of evidence. The records on prosecuted hate crimes include cases that culminated in a bill of indictment, submissions to courts based on a guilty plea, submissions to courts for the conditional discharge of a penalty, and submissions to courts to discontinue proceedings owing to the perpetrator's reduced culpability on mental health grounds. The records on sentenced hate crimes represent the number of persons convicted in the first instance before district and regional courts. All records may include cases of discrimination or hate speech, which fall outside of the OSCE's definition of hate crime.
Hate crime recorded by police
The numbers presented here refer to police investigations that were initiated as hate crimes. Most incidents of hate speech, which fall outside of the OSCE's definition of hate crime, were not included.
ODIHR recognizes Poland's past efforts to train police on hate crimes through ODIHR's TAHCLE programme and to report hate crime data to ODIHR each year. However, based on the available information, it observes that Poland's hate crime recording and statistics do not sufficiently distinguish hate crimes from other crimes. In addition, ODIHR observes that Poland would benefit from reviewing its existing legal framework to ensure that bias motivations can be effectively acknowledged and appropriate penalties can be imposed on the perpetrators.
ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States have agreed to a common definition of hate crime and committed to collecting reliable data and statistics on hate crimes. To that end, hate crimes need to be distinguished throughout the recording and data collection process from discrimination and other crimes. In Ministerial Council Decisions 9/09 and 13/06, participating States also committed to ensuring a comprehensive approach to hate crimes. To that end, the authorities are required to co-ordinate among themselves, while collaborating closely with civil society. ODIHR stands ready to support Poland 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 by providing further resources and tailored assistance in the area of addressing hate crimes comprehensively.
The United Nations Universal Periodic Review (UPR) published relevant recommendations in its "Poland Compilation of information by the Office of the United Nations High Commissioner for Human Rights".