Spain
Spain regularly reports hate crime data to ODIHR. Spain's Criminal Code contains general penalty enhancement and substantive offence provisions. The Interior Ministry's State Secretariat of Security collects hate crime data from the Catalan Autonomous Police, the Autonomous Basque Police, Navarre Police, National Police Force and the Civil Guard. Spain publishes annual reports on hate crimes.
How hate crime data is collected
The Statistical Crime System (SEC) is a unified system for collecting crime statistics. The system describes the rules and procedures on how to record statistical facts. All hate crimes are recorded, regardless of whether they are reported by the police or by the victim. Moreover, in addition to their criminal qualification or alleged violation of administrative rules, members of different law enforcement bodies must describe the criminal context when recording the crime. In this section, the police must determine and mark one or more biases, as appropriate. In addition, there is a Police Action Protocol for hate crimes and conduct that violates the legal rules on discrimination, which dictates operational actions and victims' care. Every year, a comprehensive report on hate crime incidents is prepared and published on the website of the Ministry of the Interior.
Official Data
International reports
Racism and xenophobia, Bias against Roma and Sinti
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The United Nations Human Rights Council Working Group on the Universal Periodic Review (UPR) published relevant recommendations in its "Report from the thirty-fifth session: Compilation on Spain."
Key observation
ODIHR observes that Spain has not reported to ODIHR the numbers of prosecuted hate crime cases or information on the sentencing of hate crime cases.
