Racist and xenophobic hate crime

The OSCE Presence in Albania trained 120 police officers on addressing hate crimes and worked with the Albanian State Police to include a hate crime curriculum in the basic police school training courses. The OSCE Presence also supported the appointment of a State Police Focal Point on Hate Crimes.

In its fourth report on Armenia, the European Commission against Racism and Intolerance (ECRI) recommended that alleged racist, homophobic and transphobic motivations be considered in the investigation of violent incidents from their very beginning.

Following its Universal Periodic Review (UPR), the Austrian authorities supported recommendations to review national hate crime legislation, to establish a system to collect comprehensive data on reported hate crimes, prosecutions and sentences, and to effectively investigate and prosecute hate crimes, including those motivated by intolerance against Muslims.

In its fourth report on Azerbaijan, the European Commission against Racism and Intolerance (ECRI) recommended that colour, language, citizenship and ethnic origin be included as protected characteristics in the criminal law provisions dealing with hate crimes. It also stated that LGBT people should be better protected in law and in practice. ECRI also highlighted the need for the police and prosecution services to thoroughly investigate all cases of hate crime and conduct outreach to groups likely to be targeted.

In its "Concluding observations on the combined seventh to ninth periodic reports of Azerbaijan", the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern about the misuse of criminal code provisions on incitement to hatred and on instances of official condoning of hate crimes.

In its "Concluding observations on the ninth to eleventh periodic reports of Bosnia and Herzegovina", the United Nations Committee on the Elimination of Racial Discrimination (CERD) highlighted the importance of fully implementing the existing criminal provisions on hate crimes and expressed concern at the continuation of hate crimes against minority returnees.

The OSCE Mission to Bosnia and Herzegovina reported that it continued its activities with law enforcement, the judiciary and civil society organizations, organizing four training events for a total of 80 prosecutors and judges, and two training events for a total of 46 law enforcement officers. Nineteen local Coalitions against Hate, established with the assistance of the Mission, implemented approximately 100 activities in the fields of prevention and education, including painting over offensive graffiti. The Mission continued its co-operation with the Sarajevo Open Centre (SOC) in implementing the two-year project Fighting Hate Crime in BiH. This project included six training events for a total of 155 police officers on hate crimes and another for 24 judicial and prosecutorial trainees. The Mission also continued to support its online Super Citizens reporting tool and to publish reports in its Hate Monitor, a monthly infographic of the Mission’s hate crimes monitoring information. This tool presents the latest data on all known bias-motivated incidents and responses to these incidents by judicial agencies, local authorities and civil society throughout Bosnia and Herzegovina.

Following its Universal Periodic Review (UPR), the Bulgarian authorities made the commitment to examine and respond to recommendations to enhance efforts to ensure that hate crimes are effectively investigated and prosecuted, including those perpetrated against LGBT people, migrants, refugees and asylum-seekers. Other such recommendations included encouraging the reporting and proper recording of hate crimes, strengthening data-collection systems and providing training on hate crimes to law enforcement and judicial authorities.

The Commissioner for Human Rights of the Council of Europe, in the annual activity report following his country visit to Bulgaria, expressed concern at hate crimes targeting migrants and recommended that the authorities encourage reporting by victims and cease treating hate crimes as "hooliganism".

In its "Concluding observations on the third periodic report of Croatia", the United Nations Human Rights Committee (HRC) called for strengthened efforts to combat racist attacks committed by law enforcement personnel, including against Roma people, by providing training and ensuring that hate crimes are properly investigated and prosecuted. The HRC highlighted the need to counter hate crimes against LGBT people, by ensuring that they are thoroughly investigated and offenders are prosecuted and sanctioned.

Following its Universal Periodic Review (UPR), the Croatian authorities made the commitment to examine and respond to recommendations to ensure the efficient, non-discriminatory and timely investigation and prosecution of hate crimes.

The Advisory Committee of Council of Europe on the Framework Convention for the Protection of National Minorities, in its Fourth Opinion on Cyprus, urged the authorities to improve the recording and investigation of hate crimes, as well as the sentencing of those found guilty, and to raise awareness in victim communities of available remedies.

The Commissioner for Human Rights of the Council of Europe, in the annual activity report following his country visit to Cyprus, stressed the need to counter hate crime targeting migrants.

In its fifth report on Cyprus, the European Commission against Racism and Intolerance (ECRI) recommended that the police be clearly instructed to investigate and record the bias motivation of hate crimes. ECRI also underlined the need to collect data on the application of aggravating circumstance provisions, which should be a factor in the development of an electronic filing system for the courts.

In its "Concluding observations on the combined tenth and eleventh periodic reports of the Czech Republic", the United Nations Committee on the Elimination of Racial Discrimination (CERD) emphasized the importance of effectively investigating and prosecuting hate crimes. CERD also expressed its concern about continued racially motivated violence against Roma people and on the increase in racially-motivated violence against Muslim communities.

In its "Concluding observations on the combined twentieth and twenty-first periodic reports of Denmark", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that a national action plan on racism be developed, with a particular focus on combating hate crimes.

In its fifth report on France, the European Commission against Racism and Intolerance (ECRI) recommended amendments to the Criminal Code to include racist, homophobic and transphobic motivations as aggravating circumstances in criminal offences. ECRI also recommended that the authorities establish partnerships with civil society organizations working with Roma communities and people with disabilities to overcome under-reporting and to ensure that hate crime data-collection systems allow the disaggregation of data and the tracking of cases through the criminal justice system.

Following its Universal Periodic Review (UPR), the Georgian authorities supported recommendations to address hate crimes motivated by bias related to sexual orientation or gender identity and to develop training programmes on hate crimes for police and judges, which the authorities consider already implemented or in the process of implementation. The Georgian authorities made the commitment to examine and respond to recommendations to establish a specialized police unit for investigating hate crimes and to increase the powers of the public defender's office.

In its fourth report on Georgia, the European Commission against Racism and Intolerance (ECRI) recommended the creation of a unified hate crime database, the creation of a police unit specialized in hate crime, and that training programmes for law enforcement officials and the judiciary be augmented and include information on hate crime against LGBT people. ECRI also called for the effective investigation and prosecution of all hate crime cases, notably hate crimes against Muslims.

In its "Concluding observations on the sixth to eighth periodic reports of Georgia", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that all hate crimes be thoroughly investigated, prosecuted and punished appropriately, with victims receiving appropriate compensation.

The Commissioner for Human Rights of the Council of Europe, in his "Update on the human rights situation," recommended adequately identifying, qualifying, investigating and prosecuting hate crimes, including those on the grounds of sexual orientation and gender identity; and acknowledged the recommendations on hate crimes issued by Georgia’s chief prosecutor.

In its "Concluding observations on the combined nineteenth to twenty-second periodic reports of Germany", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that an explicit duty to investigate and document any racist motive of criminal offences be imposed on the police, that police be trained on reporting and investigating hate crimes, and that Germany's hate crime data-collection system be improved. CERD also expressed concerns about the increase in attacks against asylum-seekers and called for them to be protected from racially motivated violence.

The Commissioner for Human Rights of the Council of Europe, in the annual activity report following his country visit to Germany, welcomed amendments to the criminal code that made racist motivation an aggravating circumstance. The Commissioner also called on the authorities to improve the recording of hate crimes, in particular by increasing the disaggregation of data, to introduce guidance for police and prosecutors, and to train all criminal justice actors on hate crimes.

In its "Concluding observations on the twentieth to twenty-second periodic reports of Greece", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended strengthening the use of anti-racism provisions, including through training for law enforcement and judicial officials. CERD further recommended strengthening the reporting and registration of hate crimes.

In his report following a mission to Greece, the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance praised the establishment of a public prosecutor for racist crimes and of special police units. The Rapporteur also recommended that the mandates of police and prosecutors be expanded to include homophobic and transphobic hate crimes. The rapporteur further recommended the inclusion of language and citizenship among protected characteristics in Greek hate crime law and that prosecutors and judges be trained on the use of hate crime laws.

The Advisory Committee of Council of Europe on the Framework Convention for the Protection of National Minorities, in its Fourth Opinion on Italy, praised the work accomplished by the Observatory for Security against Acts of Discrimination OSCAD, the Ministry of Interior’s anti-discrimination body, and the training for law enforcement personnel that were developed in co-operation with ODIHR.

In its fifth report on Italy, the European Commission against Racism and Intolerance (ECRI) recommended that the Criminal Code be amended to include colour and language as protected characteristics. ECRI also emphasized the need to improve Italy’s hate crime data-collection system, in order to produce more detailed statistics.

In its fifth report on Lithuania, the European Commission against Racism and Intolerance (ECRI) recommended that the Criminal Code be amended to include colour, citizenship and gender identity as protected characteristics. ECRI also observed the need for further training for police officers, prosecutors and judges on how to approach hate crimes.

In its "Concluding observations on the combined sixth to eighth periodic reports of Lithuania", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that the collection of data on reported hate crimes, prosecutions and sentences be improved, and that the state take measures to reach out to groups at risk of being targeted. The Committee also stressed the importance of ensuring the effective investigation and prosecution of hate crimes.

The OSCE Mission to Moldova participated in the work of an inter-institutional working group established by the Ministry of Justice to revise and improve the existing legal framework for combating hate crimes. The Mission also facilitated the Ministry of Justice's request to ODIHR to review the draft law prepared by this working group.

The United Nations High Commissioner for Refugees (UNHCR) supported a number of training initiatives related to refugees and hate crimes, organized in co-operation with the European Asylum Support Office (EASO), the Bureau for Migration and Asylum (BMA), judicial officials and civil society.

In its "Concluding observations on the combined nineteenth to twenty-second periodic reports of Mongolia", the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed its concern at reported instances of hate crimes against foreigners. CERD recommended that all cases of racially motivated violence be promptly and effectively investigated, and the perpetrators prosecuted.

In its "Concluding observations on the combined nineteenth to twenty-first periodic reports of the Netherlands", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended introducing racist motivation as an aggravating circumstance in criminal legislation. CERD also suggested that national authorities consider simplifying the legal requirements to punish hate crimes.

Following its mission to the Netherlands, the United Nations Working Group of Experts on People of African Descent encouraged the adoption of legislation that imposes higher penalties for hate crimes and expressed concern that hate crimes are under-reported and under-prosecuted. It also recommended that the scope of data collected on hate crimes should be expanded, including by offering more victim surveys.

In its fifth report on the former Yugoslav Republic of Macedonia, the European Commission against Racism and Intolerance (ECRI) recommended that the Criminal Code be amended to include sexual orientation and gender identity as protected characteristics. ECRI also suggested that hate crime training for law enforcement personnel and the judiciary be expanded, and under-reporting of hate crimes be addressed through confidence-building measures.

The OSCE Mission to Skopje and the Academy for Judges and Public Prosecutors trained a total of 80 judges and prosecutors in four training events on identification, processing and adjudicating hate crimes. The Mission commissioned an expert analysis on "Mapping of obstacles to processing hate crimes", which presented a comprehensive perspective on the barriers to the effective identification, investigation, prosecution and adjudication of hate crimes.

In its "Concluding observations on the combined twenty-first and twenty-second periodic reports of Norway", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that a clear definition of hate crime be adopted in the Criminal Code, that a national system for registering hate crimes be established, that data on hate crimes be provided, that law enforcement be trained, and that all hate crimes be effectively investigated and prosecuted.

The United Nations High Commissioner for Refugees (UNHCR) has, in co-operation with the Commissioner for Equality and the Ombudsman, conducted eight training sessions for representatives of local municipalities on the subject of the rights of internally displaced people, which also addressed hate crimes.

Following a country visit to Serbia, the Commissioner for Human Rights of the Council of Europe expressed concern about the occurrence of hate crimes and called for courts to follow a stronger sentencing policy related to hate crimes, including by making better use of the aggravating circumstances provisions of the Criminal Code.

The Commissioner for Human Rights of the Council of Europe, in the annual activity report following his country visit to Slovakia, recommended including gender identity as a protected characteristic in the criminal code. The Commissioner also expressed concern at the manifestations of intolerance against Roma and Sinti people, and called on the authorities to improve the registration of hate crimes, including through the training of police.

In its "Concluding observations on the combined eighth to eleventh periodic reports of Slovenia", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that the Criminal Code be amended to recognize racist motives as an aggravating circumstance for criminal offences. CERD also underscored the importance of effectively investigating and prosecuting hate crime perpetrators and providing training to police, prosecutors and judges on hate crimes.

Following its Universal Periodic Review (UPR), the Spanish authorities made the commitment to examine and respond to recommendations to continue efforts to counter, effectively investigate and punish hate crimes.

In its "Concluding observations on the twenty-first to twenty-third periodic reports periodic reports of Georgia", the United Nations Committee on the Elimination of Racial Discrimination (CERD) commended the country for its progress in the collection of hate crime data and the appointment of specialized prosecutors.

Following its mission to Sweden, the United Nations Working Group of Experts on People of African Descent recommended that more resources be allocated to police and prosecution authorities to investigate and prosecute hate crimes against people of African descent. It also recommended the collection and publishing of data on hate crimes against Afro-Swedes as a distinct category, and not as a subcategory of racist hate crimes.

Following its Universal Periodic Review (UPR), the Swedish authorities expressed support for recommendations to strengthen efforts to effectively investigate, prosecute and punish all hate crimes, and to expand training programmes on hate crimes provided for police, prosecutors and judges.

In its "Concluding observations on the combined fourth to sixth periodic reports of Turkey", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that racist motivation should be included as an aggravating circumstance in penal legislation. CERD expressed its concern at reports of hate crimes, including against Roma people, and recommended that all hate crime cases be effectively investigated and prosecuted, that law enforcement officials be trained, and that disaggregated statistics on hate crimes be collected and published.

In its fifth report on Turkey, the European Commission against Racism and Intolerance (ECRI) recommended that Turkey introduce racist, homophobic and transphobic motivations as an aggravating factor in its criminal code, and that the police strengthen co-operation with civil society to encourage the reporting of hate crimes. ECRI further recommended to create a system for police to record hate crimes, including adopting guidelines on hate crime recording and investigation by the police.

The International Organization for Migration (IOM) and the United Nations High Commissioner for Refugees (UNHCR) reported that they have continued to co-operate with civil society within the framework of the Diversity Initiative monitoring network. At the initiative of the UNHCR and the IOM, a working group is being established under the auspices of the General Prosecutor’s Office of Ukraine to improve the investigation and documentation of hate crimes. The UNHCR has strengthened training for protection monitors on identifying hate crimes and xenophobia, with an emphasis on minorities such as Roma, Crimean Tatars, and sexual and religious minorities. Also, in December 2015, the UNHCR conducted training for new patrol police in Kyiv, covering the issues of cultural diversity and hate crimes, and, jointly with the IOM and ODIHR, organized an expert roundtable on combating hate crimes in Ukraine.

In its "Concluding observations on the twenty-second and twenty-third periodic reports of Ukraine", the United Nations Committee on the Elimination of Racial Discrimination (CERD) recommended that all hate crimes be duly registered, investigated and prosecuted under article 161 of the criminal code, that disaggregated statistics on hate crimes be compiled, and the continuation of training police on hate crime.

In its "Concluding observations on the seventh periodic report of the United Kingdom of Great Britain and Northern Ireland", the United Nations Human Rights Committee (HRC) recommended that the existing legislation and policy to counter hate crimes be effectively implemented, reporting improved, and that cases should be thoroughly investigated, with perpetrators prosecuted and appropriately sentenced.

In its fifth report on the United Kingdom, the European Commission against Racism and Intolerance (ECRI) recommended that data be gathered where enhanced sentencing was applied; and to monitor cases where bias aggravation was invoked and then withdrawn during the plea bargain.

Following its Universal Periodic Review (UPR), the United States authorities made the commitment to examine and respond to recommendations to continue to work towards ensuring that all hate crimes are effectively investigated and prosecuted, and to engage better with communities at risk of being victims of hate crimes.