A/HRC/25/69
reported by the public and recorded by the authorities; the number of convictions of
offenders; the grounds on which these offences were found to be discriminatory; and the
punishments served to offenders. At the practical level, it means putting instruments in
place to encourage victims and witnesses to report incidents of hate crime, as well as
mechanisms that would show that authorities are taking hate crime seriously.
59.
Replying to the questions of the delegates from Ghana and the United States of
America, Eva Sobotka noted that there was a survey in 2007, which collected data on
people with different background, including people of African descent and of 1st, 2nd and
3rd generation immigrants. This survey will be repeated in 2014. With regard to legal
instruments, she said that in addition to the EU surveys, FRA considered United Nations
and Council of Europe (CoE) standards and approaches to issues, which does not lead to
any conflict, and provides continuity. She noted that FRA approaches discrimination
against Roma as ethnic/racial discrimination and there can be also multiple forms of
discrimination for example with regard to Roma women and children. Nationality is also
taken into consideration, depending on the situation.
60.
The delegate of Ghana expressed concerns regarding the treatment of African
migrants in Europe, in particular mass deportation and expulsion of aliens and foreigners
from European countries. He noted the need for respect for dignity of those who are
deported, giving them reasonable time to collect personal items. He stated that in cases of
mass deportation, court cases are considered on the basis of merit; however dignity and due
process tended to be compromised in the administrative processes. He mentioned that
people with pending cases before courts should not be deported; yet immigration officials
exercised pressure on embassies rather than await the outcome of the court processes.
61.
In her reply to the delegate of the Republic of South Africa, Ms. Sobotka stated that
racist incidents have to be addressed more broadly as national human rights institutions
(NHRIs) could not address the entire scope of such crimes. Improvements were required in
police and prosecution services and NHRIs should raise awareness about hate crimes;
however, it was the responsibility of the justice system to address these crimes.
62.
In her reply to the questions of the Chairperson-Rapporteur, Ms. Sobotka noted that
the difference between good and bad data was primarily linked to the data collector and
standardization of the process. She highlighted the importance of prosecution, as it was not
enough to solely register a hate crime. Proper training and procedures had an impact on the
prosecution of hate crimes and the collection of data. With regard to victims-friendly
mechanisms, she said that in the United Kingdom victims could report crimes online,
avoiding the need to interact directly and attend the police station as the online submission
is re-routed to the responsible police station. She stated that it was not possible, at this
juncture to make a comparison of data collection as practices vary between Member States
and within States. She added that sometimes victims could approach civil society
organizations, ombudsman office or NHRIs, to assist with the filing of a complaint and
follow up on their case.
63.
With regard to the practice of racial profiling, Ms. Sobotka stated that there existed
various studies, proving that the practice is counterproductive and that the cost and adverse
effects are disproportionate to the results. She noted that police protocols for investigation
of hate crimes have proved to be very useful and they are usually present in Member States
with comprehensive data collection. On the issue of racism in football, she did not consider
it a new phenomenon. According to her the new element was the increased expression of
extremist views in parliaments and political discourses.
31
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents