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project against hate violence

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If you experience physical or verbal violence because of

call 71 307 03 35

IMPORTANT If you are a victim, you have additional rights in the proceedings: as a part to the preparatory proceedings (investingation) you may file motions to give additional evidence participate in the taking of certain evidence or move for questioning a witness. A victim can review and copy the case files upon receiving the relevant authorization from the investigating authority.

Non-governmental organizations dealing with the problem of hate crime in Wroclaw:

Within 6 weeks from the day you reported the crime, the police or prosecution service is legally obliged to inform you whether they have initiated or refused to initiate proceedings. If you do not receive such information, you have right to file an interlocutory appeal to a prosecutor supervising the authority to whom you have reported the crime.

Tel: 71 307 03 35 35 e-mail: sukurs@nomada.info.pl

Important The proceedings conducted by the police or a prosecutor is not open to the public. The authorities do not inform anyone about the current developments in the investigation.

Nomada Association ul. Paulińska 4/8, Wrocław Monday 17:00 - 20:00 Wednesday 11:00 - 16:00 Thursday 17:00 - 20:00

www.sukurs.nomada.info.pl

Campaign Against Homophobia (hate crimes against homo-, bi-, trans-sexual people) tel: 511 803 474 e-mail: asystent.dolnoslaskie@kph.org.pl, bezpieczniej@kph.org.pl www.bezpieczniej.kph.org.pl

free legal advice on-line: www.forummigracyjne.org

Who you can ask for help: Police

The proceedings conducted by the police or a prosecutor is not open to the public. The authoritie do not inform anyone about current developments in the investigation.

If the police or a prosecutor refuses to initiate the proceedings in which you have victim status, you may appeal against that decision.

The decision which is submitted to you, contains a notice of the timelimit for and the manner of filing the appeal.

Also, in certain situations the investigation may be legally discontinued. The decision to discontinue the proceedings can also be appealed through the court. In the course of the proceedings conducted by the police and prosecutor and before the court, you may be represented by an attorney: lawyer or solicitor. Your attorney acts for you and on your behalf. If you have no attorney you may ask the court to appoint one for you ( free of charge). www.nomada.info.pl

/ skin color / origin / lifestyle / / religion or lack of religion / / Appearance / professed views etc. /

emergency number: 997 (from a landline), 112 (from mobile) you can find the list of police headquarters and stations at: www.bip.gov.pl, www.policja.pl The toll free Police Crime Reporting Line (available between 8.30 a.m. and 3.30 p.m.): 0 800 120 226

Prosecution Service the list of the district and regional offices of the Prosecution service is available at: www.pk.gov.pl

Human Rights Defender (Ombudsman) Aleja Solidarności 77, 00-090 Warszawa tel. (+ 48 22) 55 17 700, fax (+ 48 22) 827 64 53, rzecznik@rpo.gov.pl

Regional Plenipotentiary of the Human Rights Defender (Ombudsman) in Wroclaw ul. Wierzbowa 5, 50 - 056 Wroclaw Secretariat (+ 48) 71 34 69 115, fax (+ 48) 71 343 43 25

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71 307 03 35

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sukurs@nomada.info.pl

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sukurs.nomada.info.pl

What is a hate crime?

Hate crimes are directly connected to intolerance, prejudice, and racist and xenophobic attitude. These acts are directed against people belonging to a group the perpetrator feels hatred and fear toward.

IMPORTANT Understanding the perpetrator’s motives is crucial in developing strategies that will neutralize further aggression.

this leaflet is based on the helsinki foundation brochure „Racism is a crime. Report a hate crime”

sukurs - project against hate violence

project against hate violence

You need help?

There are three important aspects of hate crime: / perpetrator’s motive / violence broad sense: physical and psychological, verbal, etc. / the diversity of the group to which the attacked person be longs (at least from the perspective of the perpetrator of the act), it is about cultural, social, ethnic, national, religious and psycho-sexual orientation differences, the degree of physical or mental disability, which is all manifested in dress, lifestyle, ect.

Hate crimes by the Polish Criminal Code (CC)

Moreover if: spitting, hitting in the face, humiliation, property damage vandalism or arson

attack in a written from (letters, leaflets, posters, graffiti, stickers) verbal attacks, insulting language offending religious sentiment

murder

/ advocacy of Fascism or other totalitarian regimes (Art. 256 § 1) / disseminate produce, possess, acquire, display, transit and/or transfer materials and items that incite hatred based on the national, ethnic, racial or religious differences or the lack of religious beliefs or that contain Fascist, Communist or other totalitarian symbolism (CC, Art. 256 § 2). / causing grievous bodily harm or manslaughter committed with the intent to exterminate, in whole or in part, a national, ethnic, racial, political or religious group or a group with a particular worldview (CC, Art. 118)

Unlawful acts known as the offences against freedom of conscience and religion can also be considered hate crimes.

They include of offending religious feelings by publicly insulting items or places of worship (CC, Art. 196), maliciously disrupting public religious ceremonies (CC, Art. 195) and limiting rights vested in persons because of their religion or the lack of religious beliefs (CC, Art. 194). www.nomada.info.pl

When reporting the crime, clearly explain to a police officer or a prosecutor that the offence was related to the color of your skin, origin or religion. Describe the incident in detail. It will allow the authorities to properly identify the crime that was committed and charge the perpetrator(s) with a hate crime rather than, for instance, a ‘regular’ assault.

obscene insults or gestures

/ Inciting violence and/or threats against a people or a group of people (CC, Art. 119 § 2)

Polish law also prohibits:

IMPORTANT

deterring or threats

physical assaults

/ Publicly insulting a person or a group of persons (CC, Art.257)

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/ Violent behaviour or use of an unlawful threat (CC, Art. 119 § 1)

/ Inciting hatred based on national, racial or ethnic differ ences (CC, Art. 256 § 1);

project against hate violence

maltreatment

are motivated by prejudice and hostility because of ethnic, national origin, race, religion or the lack of religious beliefs etc. can be con sidered as a hate crime.

Reporting of hate crimes

You may report the crime in either of the following ways / verbally - if possible, personally at the nearest police station or a district prosecutor’s office. You will be questioned as a witness and the questioning will be recorded in a written report that you must sign. / in writing - you can send by post or deliver by hand a letter describing the incident to a police station or a prosecutor’s office.

Hate crimes are prosecuted and penalized ex officio, and the perpetrators of such offenses are subject to a more severe penalty compared to those liable for the same act but committed for other reasons. Any kind of violence motivated by prejudice and hatred should be reported. Some of the cases are obvious (e.g. a assault during which racist insults are hurled) but others may be less obvi ous such as slogans chanted during a demonstration: „Poland for Poles, Africa for HIV,” „All different, all white.” However, regardless of whether the incident you have experienced was explicit or implicit, if you think you might have been the victim of a hate crime, report it to the police or a public prosecutor.

They, then the court will be responsible for finding out whether a given incident was in fact a hate crime.

IMPORTANT

Any kind of a hate crime should be reported regardless of whether you are a victim or a witness to the incident. By reporting the incident you enable the authorities to prosecute and punish the perpetrators, which will prevent similar events from occurring in future.

The police are always obliged to file your report on the crime. As a victim, the first time you report the incident you should be given a written notice of your basic rights and duties. It is advisable that you follow the developments of the proceedings.

sukurs.nomada.info.pl

sukurs - project against hate violence

If you don’t speak Polish, the authorities are obliged to translate your testimony (given verbally or in writing) into Polish. As it may take a lot of time, it is a good idea to go to the police station or the prosecutor’s office with somebody who speaks both Polish and your language.

After reporting a crime Detection and prosecution of crimes is the task of the police and the prosecution service. Hate crime are prosecuted exofficio which means the moment the crime is reported, the law enforcement authorities commence the investigation.