A/HRC/40/44 F. Adopting measures to criminalize incitement to imminent violence based on religion or belief9 33. Azerbaijan, Bahrain, Belarus, Italy, Kuwait, Montenegro, Qatar, the Russian Federation, Saudi Arabia and Turkey reported on comprehensive criminal frameworks prohibiting incitement to violence based on religion or belief. In those frameworks issues of incitement to racial, national or religious hatred through speech or written media and publications, including dissemination through the Internet, are addressed. Those legal frameworks generally also covered the establishment of or participation in organizations which urge violence or incite religious hatred and public meetings in that context; the denial of war crimes, genocide and crimes against humanity; and linkages between incitement and acts of terrorism. They usually provided for strong criminal regimes with concomitant heavy sentences. 34. The High Commissioner wishes to recall that where legal sanctions may be necessary to protect human beings against incitement to hatred, discrimination or acts of violence, three types of expression should be clearly distinguished: expression that constitutes a criminal offence; expression that is not criminally punishable, but may justify civil or administrative sanctions; and expression that does not invoke any legal action but still raises concern in terms of tolerance and respect for the rights of others. 35. Legislation prohibiting incitement to racial, national and religious hatred should be specific and not overly broad in its scope and application, to be consistent with the international standards on freedom of religion or belief and freedom of opinion and expression. States should also ensure that there is no impunity in the judicial system where prosecution and adjudication of such crimes are undertaken. 36. Some useful guidance is provided in the Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence and its six-part threshold test. Development of what the threshold entails and what is considered to be advocacy of religious hatred constituting incitement is under way. The expert conclusions and recommendations of the Rabat Plan of Action, based on legislative patterns and judicial practices and policies, can provide some guidance to stakeholders, including national legislatures and the judiciary, in implementing the international standards relating to the prohibition of incitement to racial, national and religious hatred. G. Hate crimes 37. In Italy, the Observatory for Security against Discrimination undertakes training of police officers in order to increase their awareness of hate crime, hate speech and human rights and their competence to deal with it. The number of hours of training provided by the national police has been increased to 10 periods of 45 minutes each for constables and 27 periods of pre-service training for inspectors. The Observatory participates in European and international projects concerning hate crime, and in this context seminars on prevention of hate crime are organized for both the national police and the carabinieri. Italy highlighted its cooperation with the OSCE Office for Democratic Institutions and Human Rights in the implementation of the “training against hate crime for law enforcement” programme, through which 185 officers were trained between 2014 and 2016. 38. Turkey reported that arrangements regarding hate crimes had been introduced to the Turkish Criminal Code so as to ensure harmonization with international and European standards. Article 122 of the Criminal Code on hate and discrimination, prohibits discrimination on the grounds of language, race, nationality, colour, sex, disability, political opinion, philosophical belief, religion and sect, and provides for imprisonment or fines for persons discriminating on the grounds listed above. 9 Paragraph 7 (f) of resolution 37/38. 7

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