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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