To tackle hate crime and support victims, hate crimes must be prosecuted as such, OSCE human rights office says

WARSAW, 15 November 2024 – Making the bias motivation behind all hate crimes visible and ensuring they are prosecuted correctly is essential to protect the rights of victims and at the same time ensure effective policies to prevent and address hate crime, said the OSCE Office for Democratic Institutions and Human Rights (ODIHR) on launching its annual hate crime report ahead of the 2024 International Day for Tolerance. 

“ODIHR’s hate crime report is the largest dataset on hate crime in the world, and it is used across the OSCE region to develop truly effective responses to hate crime. All OSCE states have committed to combating hate crime, and supporting them in this endeavour is a key area of ODIHR’s work,” said Tea Jaliashvili, ODIHR Director’s Alternate and First Deputy Director. “We are also grateful to all our civil society partners for the information they provide us each year. Civil society plays a vital role in addressing intolerance across the OSCE region, and is therefore an invaluable partner for states in responding to all forms of hatred.”

48 OSCE states reported hate crime data for this year’s update, while civil society from across the OSCE region reported close to 10,000 cases. The report indicates once again that many gaps remain in the prosecution of hate crimes. Incomplete or inadequate legislation is a major obstacle for prosecutors, and means that some hate crimes are not investigated as such or are incorrectly prosecuted as “hate speech” offences. This can render hate crimes invisible, leaving victims without support or access to their rights and leading to misinformed policy and legal responses.

To help close these gaps, ODIHR has published a practical guide entitled Hate Crime Prosecution at the Intersection of Hate Crime and Criminalized “Hate Speech”, which draws on laws and practice from across the OSCE region. ODIHR’s new resource will support the effective prosecution of hate crime offences by guiding prosecutors to select the correct charge, coordinate with police and work with courts to take bias motivations into consideration and pass tougher sentences. The guide can also be used by decision makers as they assess the effectiveness of policies, practices and legislation to address hate crime, as well as by civil society organizations in their advocacy and legal assistance activities.  

All OSCE states have committed to ensuring an effective criminal justice response to hate crime. This includes the necessity of distinguishing hate crimes from “hate speech” to allow for their effective investigation and prosecution.

ODIHR works to combat hate crime across the OSCE region through a holistic approach that includes a wide range of activities, from training for law enforcement, prosecutors, judges, and civil society, to support for victims to ensure they receive the assistance they require. ODIHR’s hate crime report is updated each year with data and information provided by states, civil society and international organizations. More information on the Office’s resources to address hate crime is available here.