Portugal

Portugal regularly reports information on hate crimes to ODIHR. The Ministry of Justice and the Prosecutor's Office collect data on hate crime. Portuguese civil society and government agencies participated in a two-year European Commission-funded project "Hate No More" to develop training and increase awareness of hate crime and victims' needs among communities, the public and officials. A protocol signed by Portugal's Centre for Judiciary Studies, the Commission for Citizenship and Gender Equality (CIG), and the Council of Europe aims to promote training related to hate crimes and to develop a good practice guide on hate crimes.

In 2018, the Ministry of Justice, ODIHR and the EU Agency for Fundamental Rights co-organized a workshop to improve hate crime recording and data collection, based on ODIHR's Information Against Hate Crimes Toolkit (INFAHCT). The workshop resulted in a set of recommendations for relevant state authorities. In the same year, the Portuguese Association for Victim Support published a handbook entitled "Hate no more - Support for Victims of Hate Crimes", which was developed jointly with the Attorney General's Office, the Judiciary Police and the CIG.

SELECT YEAR

OFFICIAL DATA

Year	Hate crimes recorded by police	Prosecuted	Sentenced
2021	150	5	3
2020	132	Not available	Not available
2019	82	-	-
2018	63	Not available	Not available
2017	48	Not available	Not available
2016	-	-	0
2015	Not available	Not available	Not available
2014	21	21	Not available
2013	Not available	Not available	Not available
2012	Not available	Not available	Not available
2011	Not available	Not available	Not available
2010	Not available	Not available	Not available
2009	2	0	0

About 2021 Data

Police-recorded figures refer to the crime of racial or religious discrimination only, and include incidents of discrimination and incitement to hatred, which fall outside of the OSCE's definition of hate crime. Records on prosecuted and sentenced cases were not available at the time of publication of ODIHR's 2021 Hate Crime Report.

Hate crime recorded by police

National developments

In January 2021, the Office of the Secretary of State for Citizenship and Equality set up a multidisciplinary Working Group to prevent and combat of racism and discrimination. The Working Group consists of state authorities, including the High Commissioner for Migration, the Office of the Secretary of State for Integration and Migration, and the Office of the Secretary of State for Citizenship and Equality, as well as representatives of civil society and academia. The Working Group aims to contribute to the systematization of information on discrimination and racism in Portugal; reflect on the European and national anti-discrimination mechanisms and the future Independent Observatory on Hate Discourse, Racism and Xenophobia; and identify priority areas and intervention needs, including by presenting proposals for measures to be included in the National Plan to Combat Racism and Discrimination.

Portugal's Resolution No. 265/2021, approved by the Parliament in October 2021, recommended that the Government implement public policies to effectively combat hate crime in Portugal. Such policy recommendations include restructuring the operational procedures of criminal police bodies, the appropriate use of mechanisms to record incidents, promoting the collection and public dissemination of statistical data on hate crimes, the close and active co-operation between police and judicial authorities and civil society organizations, and ongoing hate crime training for professionals in the justice system and criminal law enforcement agencies

The new National Plan to Combat Racism and Discrimination, 2021-2025, announced the revision of Article 240 of the Portuguese Criminal Code in line with the international binding instruments to which Portugal is a party. The revision is aimed at extending the list of protected grounds under the provision. The Ministry of Justice has continued preparing the draft amendment.

In 2021, the Foundation for Science and Technology (FCT), along with the Secretary of State for Citizenship and Equality, and with the support of the High Commission for Migrations and the Commission for Citizenship and Gender Equality (CIG), granted special support to projects and initiatives that facilitate and disseminate information about actions to tackle hate crime.

Notable case:

In March 2020, a Ukrainian citizen died in the facilities of the Portuguese Border and Immigration Services at Lisbon airport. The case caused great social unrest due to its atypical nature and contours. In July 2022, the Supreme Court of Justice upheld the nine-year prison sentences handed down by the Lisbon Court of Appeal to the three perpetrators convicted for the crime of aggravated assault.

KEY OBSERVATION

ODIHR recognizes Portugal's efforts to review its hate crime legislation and the parliament's initiative to ensure a comprehensive approach to address hate crime, including through improved recording and data collection. Portugal is encouraged to extend these efforts as, based on the available information, ODIHR observes that law enforcement agencies have not recorded the bias motivations behind hate crimes. In addition, ODIHR observes that Portugal would benefit from raising awareness among and building the capacity of criminal justice officials to address hate crime.

ODIHR recalls that in Ministerial Council Decision 9/09, OSCE participating States committed to promptly investigating hate crimes and ensuring that the motives of those convicted of hate crimes are acknowledged. To that end, law enforcement agencies must first record the bias motivations behind hate crimes. Participating States also committed to introducing or further developing professional training and capacity-building activities for law enforcement, prosecution and judicial officials dealing with hate crimes. ODIHR stands ready to support Portugal 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 capacity building assistance for police, prosecution, and judiciary.

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