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.
The number under “Unspecified” includes 39 offences of racist or xenophobic violence or threats (Section 119 of the Criminal Code), 159 offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code), 11 offences of public incitement to a crime (Sections 125 and 126a of the Criminal Code), one offence of coercion (Section 191 of the Criminal Code), and one offence of influencing a witness (Section 245 of the Criminal Code).
The number under “Unspecified” includes two offences of racist or xenophobic violence or threats (Section 119 of the Criminal Code) and 18 offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code).
The number under “Unspecified” includes five offences of racist or xenophobic violence or threats (Section 119 of the Criminal Code), 67 offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code), and 12 offences of incitement to a crime (Sections 126a and 255 of the Criminal Code).
The number under “Unspecified” includes six offences of racist or xenophobic violence or threats (Section 119 of the Criminal Code), 44 offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code), and 11 offences of incitement to a crime (Sections 126a and 255 of the Criminal Code).
The number under “Unspecified” includes one offence of racist or xenophobic violence or threats (Section 119 of the Criminal Code), and eight offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code).
The number under “Unspecified” includes 20 offences of racist or xenophobic violence or threats (Section 119 of the Criminal Code), 24 offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code), and four offences of incitement to a crime (Sections 126a and 255 of the Criminal Code).
The three “Unspecified” cases were classified as offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code).
All hate crimes in this category were motivated by bias against sexual orientation. The number under “Unspecified” includes four offences of racist or xenophobic insult of a group or breach of personal inviolability (Section 257 of the Criminal Code), and six offences of incitement to a crime (Section 255 of the Criminal Code).
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".
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.