Hate crimes are the most dangerous forms of discrimination. When a person is charged with a crime, they are called “the accused” and the criminal charges are examined in criminal proceedings.
Offences
Criminal responsibility for hate crimes may be invoked for limited amount of offences:
- propaganda of fascistic ideology
- homicide and bodily injury only if the crime is committed from racist or xenophobic motives
- propaganda or incitement of discrimination, violence or hatred on racial, national or ethnic ground
- usage of violence or damaging someone’s property because of their race, nationality, ethnic origin, religion or political views/beliefs
- forming or heading or participation in organization or a group whose goal is the perpetration of the acts above or systematic allowance of the commission of such acts
- participation in a crowd for attack on groups of the population, individual citizens or their property in connection with their national, ethnical or racial belonging
- propaganda or incitement of discrimination, violence or hatred on religious grounds; desecration, destruction or damage of religious temples, homes of prayer, sanctuary or a building adjacent to them, their symbols and gravestones; obstructing citizens to profess their faith or carry out their rituals and services
- obstructions of somebody to occupy a position or compels them to leave their job because of their nationality, race, religion, social origin, membership or no membership in a trade union or other organization, political party, organization, movement or coalition with a political purpose or because of their next of kin political or other convictions
- genocide
- apartheid
- justifying, denying or serious underestimating a crime against peace and humanity and which creates a risk of expression of violence or hatred against individuals or groups of people united by race, skin colour, religion, descent, national or ethnic origin.
Making perpetrators responsible for hate crimes demonstrates the ability of the State to enforce human rights. The failure of the State to conduct appropriate criminal proceedings and convict the perpetrator may result in a violation of human rights.
Criminal responsibility & Human rights
The right to life and the prohibition of inhumane or degrading treatment
Conducting effective criminal proceedings and calling perpetrators of hate crimes to criminal responsibility is an essential remedy of the State to protect the rights of victims and to prevent human rights violations. If the pertinent authorities fail to protect the victim by effectively investigating, charging, trying and, if appropriate, convicting the perpetrator, it may result in a violation of the right to life or the prohibition of inhumane or degrading treatment.
Prohibition of discrimination
Hate crimes can be considered to be the most extreme form of discrimination. The State’s failure to react to a hate crime situation with proper vigour may result in a violation of the prohibition of discrimination in conjunction with other human rights.
Right to a fair trial
If the state institutions investigating the hate crime, or the courts, do not follow procedures prescribed in the law, or the court proceedings take too long, this could violate the right to a fair trial.
The perpetrator’s human rights are also mostly associated with the right to a fair trial.
About this section
This section of the Guide will explain the types of criminal offenses which may be committed in the context of hate crimes and how to invoke the responsibility of the perpetrator.