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Switzerland

Switzerland regularly reports hate crime data to ODIHR. Switzerland's Criminal Code does not contain hate crime provisions, although hate crimes are prosecuted under discrimination and hate speech provisions. As such, the data reported to ODIHR include cases of incitement to hatred and discrimination. Information on hate crimes is collected by the Federal Commission against Racism and the Statistical Office and published. The Federal Commission against Racism partners with the association 'humanrights.ch' in the Counselling Network for Victims of Racism, which continuously publishes yearly analytical reports.

How hate crime data is collected in Switzerland

How hate crime data is collected in Switzerland

Hate crimes are prosecuted under Article 261bis of the Swiss Criminal Code, which protects against acts of racial discrimination committed in public. As a result, there are offences registered that fall outside of the OSCE's definition of hate crime. On the other hand, many acts that would fall under the definition, but which are not carried out in public, are not recorded under Article 261bis of the Criminal Code.

Hate crimes are not recorded as a distinct category by the police. However, the Federal Office for Statistics has completely updated the Police Crime Statistics (PCS) system, and it is now possible to record offences that do not fall under Article 261bis of the Criminal Code as having a racist motive (such as a racially motivated offence not committed in public). However, this feature is only optional, and the validity of the record depends on the relevant training and instruction of the police. The data is thus not used for the hate crime report.

Neither prosecutors nor the judiciary record hate crimes. The only information recorded about hate crimes are statistics on convictions related to Article 261bis and 261 (including the desecration of places of worship) of the Criminal Code, which are published by the Federal Office for Statistics. The Federal Intelligence Service (FIS) collects and analyses the judgements and decisions related to Article 261bis. The Federal Commission against Racism maintains a database of those judgements and decisions related to Article 261bis, which are pronounced by cantonal law enforcement agencies and courts as well as by the Federal Supreme Court. The database provides statistics that classify data according to bias motivation, target groups and the type of offence or incident.

Access more information at the Legislation Online website Legislationline TANDIS Access more information at the Tolerance and Non-Discrimination Information System (TANDIS) website

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OFFICIAL DATA

Year Hate crimes recorded by police Prosecuted Sentenced
2019 228 Not available 49
2018 159 - 56
2017 179 Not available 50
2016 164 - 50
2015 181 57 52
2014 161 14 36
2013 161 23 21
2012 181 15 15
2011 182 14 6
2010 204 33 24
2009 230 36 30

About 2012 Data

    Figures only include crimes of incitement to hatred and crimes involving discrimination.

Incidents reported by civil society, international organizations and the Holy See

Reports

Hate crime against Christians and members of other religions

The Holy See reported an arson attack against a church. Swiss authorities informed ODIHR that this case was currently pending at the youth prosecutor’s office. Qualification of the case under article 261 of the Swiss Criminal Code (Attack on the freedom of faith and the freedom to worship), in addition to its qualification as a criminal damage case, was being considered.

read more ›

Racist and xenophobic hate crime

The Foundation against Racism and Anti-Semitism reported one case of property damage to a home for asylum seekers with bottles, paint bombs and graffiti; two physical assaults by a group, one against a Brazilian woman and the other against a male wheelchair user, both causing serious injury.

read more ›

Anti-Roma hate crime

The Foundation against Racism and Anti-Semitism reported a case of damage to property by firing shots against a caravan and a car owned by a Roma family.

read more ›

Anti-Semitic hate crime

The Intercommunity Coordination against Anti-Semitism and Defamation (CICAD) reported one physical assault; five threats, including one also involving property damage to a Jewish woman’s house, one against a student, and one involving a knife; and 11 cases of graffiti including on a car, on a synagogue, on a Jewish library and on CICAD’s offices. Swiss authorities reported that they had no information about these cases.

The Foundation against Racism and Anti-Semitism reported a case of desecration to a Holocaust memorial and graffiti in close proximity to a Jewish library and shop, as well as an arson attack on a scooter.

read more ›

Disability hate crime

 The Foundation against Racism and Anti-Semitism reported a physical assault against a male wheelchair user causing him to fall out of his chair and causing serious injury.

read more ›

Anti-LGBTI hate crime

Pink Cross reported a physical assault against a lesbian woman by a group resulting in serious injury.

read more ›

INTERNATIONAL REPORTS

Anti-Semitic hate crime

The UN Human Rights Council, in its Universal Periodic Review, encouraged Switzerland to continue to prevent and combat racist and anti-Semitic actions.

KEY OBSERVATION

ODIHR observes that Switzerland has not reported on hate crimes separately from cases of hate speech and/or discrimination.

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2020 Call for Civil Society Submissions

15 Feb 2021
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2019 Hate Crime Data Now Available!

29 Jan 2021
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FAQ.png

2019 Hate Crime Data: Frequently Asked Questions

16 Nov 2020
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ODIHR's impact in 2019: Supporting a diagnostic approach to hate crime data collection

27 May 2020
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OSCE/Mavjuda Gaffurova

ODIHR's impact in 2019: Understanding gender, intersectionality and hate crime

22 Apr 2020
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(OSCE/Maria Kokce)

ODIHR's impact in 2019: Building a civil society coalition against hate crime

03 Apr 2020
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2018 Hate Crime Data Now Available!

15 Nov 2019
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Обзор преступлений на почве ненависти за 2018 год

15 Nov 2019
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2018 Hate Crime Data: Frequently Asked Questions

15 Nov 2019
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New study reveals scale of underreporting of hate incidents in Poland

13 May 2019

Contact Us

Email tndinfo@odihr.pl
Tel +48 22 520 06 00
Fax +48 22 520 06 05
OSCE Office for Democratic Institutions and Human Rights (ODIHR)
Tolerance and Non-Discrimination Department
Ul. Miodowa 10
00-251
Warsaw, Poland

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