A project of Training Manual Annex PPT_Slides With

A project of: Training Manual Annex PPT_Slides With financial support from the Fundamental Rights and Citizenship Programme of the European Union 1

PPT 1. 1_Workshop objectives To recognise hate crime and its characteristics. To understand the escalating dynamic from prejudice to hate crimes. To explore the impact of hate crimes on the entire society. To learn practical skills for response and prevention. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 2

PPT 2. 1_Definition of stereotypes A belief about a person or group of people that assumes everyone in that group shares a certain characteristic. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 3

PPT 3. 1_What is a hate crime? Two elements: crime + bias motivation = hate crime With financial support from the Fundamental Rights and Citizenship Programme of the European Union 4

PPT 3. 2_Crime A base offence in the criminal code. For example: Murder Assault Robbery/Theft Vandalism of property Tombs/gravestones desecration With financial support from the Fundamental Rights and Citizenship Programme of the European Union 5

PPT 3. 3_Bias motivation Critical elements of the offence. Crime is committed based on some bias motivation. Bias motivation is why the perpetrator selected the victim or the target. Bias sets hate crimes a part from other types of crime. Bias does not need to be the only motive for the crime: Multiple bias motivation also possible: E. g. : economic gain and racism. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 6

PPT 3. 4_Targets People or property associated with a group that shares a protected characteristic. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 7

PPT 3. 5_Association/perception Focus is on offender's bias motivation and not on actual membership in a particular groups. The offender acts also against those that he/she associates with the group sharing the characteristic: Mistaken identity is not a defense. Hate Crimes applies equally to minority and majority groups. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 8

PPT 3. 6_Identifying protected characteristics Fundamental principle of equality. Unchangeable or fundamental characteristics. Visible social and political context. “Race”, ethnicity, national origin, colour Nationality Religion Mental/physical disabilities Sexual orientation Gender With financial support from the Fundamental Rights and Citizenship Programme of the European Union 9

PPT 3. 7_Bias v Hate A hate crime does not require that the perpetrator feels hate. Bias means that a person holds prejudiced ideas about a person or a group. The perpetrator may have no feelings about the victim. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 10

With financial support from the Fundamental Rights and Citizenship Programme of the European Union PPT 3. 8_Difference between HC and other concepts Hate speech/incitement to hatred Lack of base criminal offense: Speech acts alone are NOT ALWAYS a criminal offence without the bias expression. Discrimination Lack of base criminal offence: Acts of discrimination alone (exclusion from businesses, termination from employment, etc. ) are NOT criminal offences without the bias motivation. Hate-motivated incident May lack the base criminal offense: Incidents, acts or manifestations of intolerance committed with a bias motive that may or may not reach the threshold of a crime. Genocide Extraordinary situation: It involves intentional conduct aimed at destroying, in whole or part, a national, ethnic, racial or religious group. 11

PPT 3. 9_Importance of offenders typology Identify and locate offenders. Understand possible crime motives. Assess the risk of escalation, including further injury or damage. Assess victims’ perceptions of vulnerability. Assess how to work with the victim’s community. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 12

With financial support from the Fundamental Rights and Citizenship Programme of the European Union PPT 3. 10_Offender Typologies #1 Organized groups: Signs and symbols. Thrill-seeking offenders: Groups of teenagers. To gain a psychological or social thrill. To be accepted by peers. Retaliatory/Reactive offenders: Action is a response to a crime perpetrated by someone perceived as “the other” (an individual or a group sharing protected characteristics). 13

PPT 3. 11_Offender Typologies #2 Defensive offenders: Have a sense of entitlement regarding their rights, privileges or way of life that does not extend to the victim. Mission offenders: Psychotic and withdrawn from other people. Perceives victim groups as evil, subhuman. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 14

PPT 4. 1_How to legally address hate crimes? Specific criminal provisions that address hate crime/bias motive: Substantive offence. Penalty enhancements: Specific penalty enhancements General penalty enhancements What makes it different? Proof of motive, not just intent. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 15

PPT 4. 2_Models Hostility model: The offender commits the offence because of a hostility, hatred or enmity against the targeted group. Discriminatory selection model: The offender chooses the target based on that target’s presumed or real protected characteristic. There is a casual link between the offender’s conduct and the target of crime. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 16

PPT 4. 3_Mixed Motives Legislation can be explicit to include mixed motives (e. g. requiring bias motivation “in whole or in part”). Legislation can also be limiting, by stating that the bias motivation must be a “substantial factor” in the commission of the crime. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 17

PPT 4. 4_Association and Perception Some legislation explicitly includes association or presumption of the offender. Other legislation that includes crimes committed “because of” a hatred or bias against a particular group are generally more open to interpretation, and allow the possibility to consider the application of the concepts. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 18

PPT 4. 5_International legal framework Universal Declaration of Human Rights (UDHR). UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief. International Convention on the Elimination of All Forms of Racial Discrimination (CERD). European Union Framework Decision on Racist and Xenophobic Crime (2008). OSCE Ministerial Council Decision No. 9/09_ Combating Hate Crimes (political commitment). With financial support from the Fundamental Rights and Citizenship Programme of the European Union 19

PPT 4. 6_European Court of Human Rights Jurisprudence Duty to investigate and bring to justice bias- motivated crime: Case of Angelova and Illiev v. Bulgaria (2007) Case of Šečić v. Croatia (2007) Mianović v. Serbia (2010) With financial support from the Fundamental Rights and Citizenship Programme of the European Union 20

PPT 4. 7_Victims’ Rights DIRECTIVE 2012/29/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (25 October 2012) establishing minimum standards on the rights, support and protection of victims of crime. replacing Council Framework Decision 2001/220/JHA With financial support from the Fundamental Rights and Citizenship Programme of the European Union 21

PPT 5. 1_Impact HC threaten the stability of the society. Normalisation: the tendency of regarding bias manifestations as a normal element of daily interactions and social relations can lead to normalisation of hate. Increased impact: message crimes. Individual victims: Secondary victimization. Targeted community. Societal stability and security. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 22

With financial support from the Fundamental Rights and Citizenship Programme of the European Union PPT 5. 2_Cycle of hate Feeling of insecurity by targeted community and other communities Attacks against persons or property More prejudices, 23

PPT 6. 1_Bias Indicators Definition Objective facts, circumstances, or patterns connected to a criminal act(s) which, standing alone or in conjunction with other facts or circumstances, suggest that the offender’s actions were motivated in whole or in part by any form of bias. If such indicators exist, the incident should be recorded as a possible hate crime and should trigger further investigation about the motive for the crime. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 24

PPT 6. 2_Bias Indicators Victim/witness perception. Comments, written statements, gestures or graffiti; Differences between perpetrator and victim on ethnic, religious or cultural grounds. Previous bias crimes/incidents/patterns. Organized hate groups. Location and timing. Violence. Lack of other motives. Multiple biases. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 25

PPT 8. 1_Barrier to investigating Policy gaps. Reporting gaps. Lack of interest by prosecutors. Priority gaps. Lack of resources. Lack of training for police officers. Concern about the repercussions of reporting. Prejudices. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 26

PPT 8. 2_Barrier to reporting by victims #1 A belief that nothing will happen. Mistrust or fear of the police. Fear of retaliation. Lack of knowledge of relevant legal provisions. Shame. Denial. Fear of disclosing sexual orientation. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 27

PPT 8. 3_Barrier to reporting by victims #2 Fear of disclosing their ethnic, religious or political affiliation. Fear of arrest and/or deportation. Hate crime laws do not cover certain forms of discrimination (e. g. Sexual orientation). Victims may be discouraged by police or other authorities from filing a complaint. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 28

PPT 8. 2 CS_Cooperation with communities at risk/raising awareness of the majority CS reaching out to communities to establish trust and regular cooperation. CS in better position to detect early warning signs. CSOs bridge between minority communities, majority, community leaders and the police. Networking to effectively respond to HC. CSOs to raise awareness of majority of the population on the consequence of HC on the stability of the society. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 29

PPT 8. 4_Police Response Identifying bias indicators and being aware of the special impact hate crimes have on victims are the two key elements to be aware of for developing strategies to investigate hate crimes. What police officers do and say in the first several minutes at a crime scene can affect the recovery by victims, the public’s perception of governmental commitment to addressing hate crimes, and the outcome of the investigation. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 30

PPT 8. 5_How to Interview Victims, Witnesses and Suspects Move fast, explain and refer, listen, validate. Take notes. Overcome language barriers: apply cultural awareness. Obtain critical details: e. g. what the suspect said, including any offensive language or slurs. In case there are no witnesses interview neighbors or acquaintances of the suspects. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 31

PPT 9. 1_Victims reactions Fear and terror. Isolation. Denial. Self-Blame. Anxiety, loss of hope and spirit. Anger, aggression and violent behavior. Depression. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 32

PPT 9. 2_Victims’ rights EU DIRECTIVE 2012/29: “…To treat victims in a respectful, sensitive and professional manner without discrimination of any kind based on any ground such as race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender expression, gender identity, sexual orientation, residence status or health”. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 33

PPT 9. 1 CS_Good practice in CS support to victims Proper information. Informed consensus. Victim centered approach. Emergency Assistance. Medical/Psychological assistance. Legal representation. Amicus curiae at the EHRC. Community Support. Advocating for damages reparation and social services to create an environment of confidence. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 34

PPT 10. 1_CS cooperation with police Police support can be “bought in” by showing how LEAs can benefit from cooperating with CS by: Building trust between police and communities Increase police’s knowledge of cultural factors. Increase community knowledge of police tasks. It takes sometimes to establish cooperation with the police and often it starts with cooperation with one With financial support from the Fundamental Rights and Citizenship Programme of the European Union more sensitive policeman/woman. 35

PPT 11. 1_Use of data gathered Identify trends and take actions. Provide policy makers with crucial information to develop effective strategies tailor made to the specific needs of the country in question. Assist governments in living up to their legal commitments. Provide an early warning of increases in hate crimes directed at particular groups. Increases public awareness that these are serious crimes against which effective action can be taken. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 36

PPT 11. 1 CS_Monitoring methods A systematic and consistent monitoring provides arguments to pressure authorities, CSOs can monitor. The overall incidence of hate crimes. The official response to particular cases to assess the effectiveness and adequacy of the response by authorities. Any or all aspects of a particular case, including police investigation, prosecution, delivery of services to victims and press coverage. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 37

PPT 11. 2 CS_Sources of data collection Published data, to ensure credibility it is vital to identify the sources of the cited information. Interviews with victims, members of their families and of the community : certain special considerations need to be taken into account. Focus Group Discussions. a small group in which people are asked for their views on particular issues. Surveys (also as Internet questionnaires). With financial support from the Fundamental Rights and Citizenship Programme of the European Union 38

PPT 11. 3_Use of collected data Inform the public, assist in analysis, and lobby governments to take action. Gather useful information concerning particular groups under threat. Urge governments to improve legislation or practices relating to hate crime response. Assist governments in living up to their legal commitments. Provide data which can be used in legal actions on behalf of victims of hate crimes. With financial support from the Fundamental Rights and Citizenship Programme of the European Union 39