Tackling homophobic and transphobic hate crimes: how case and data collection can support campaigning and advocacy work

Veronica Scognamiglio, Amnesty International Workshop 23: Methodology of Reporting and Monitoring Projects on

Hate Crime

ILGA Europe annual conference, 19 October 2012, Dublin

Background

Combating discrimination and intolerance against LGBTI people is one of the priority topics addressed by the Fight Discrimination in Europe (FDE) Campaign.

OSCE defines hate crimes as “criminal offences, including offences against persons or property, where the victim, premises or target of the offence are selected because of their real or perceived connection, attachment, affiliation, support or membership of a group.”

Homophobic hate crimes are committed on the grounds of the victim’s real or perceived sexual orientation;

Transphobic hate crimes are committed on the grounds of the victim’s real or perceived gender identity or

gender expression. Hate crimes represent an

attack not only on the individual victim, but on LGBTI

individuals more broadly

• Hate crimes may be perpetrated by state or non-state actors• A minority of CoE member states recognize homophobia or transphobia as motives for investigation / prosecution• Reluctance of victims to report hate crimes to police, because of fear of secondary victimization • Police officers often are reluctant to investigate

Some main facts about homophobic and transphobic hate

crimes

Current situation

So far, only 15 Council of Europe (CoE) member states have adopted legislation on homophobic, and only 2 on transphobic hate crime (other 3 from 1st Jan 2013: Croatia, Sweden and Scotland) .

But even where legislation exists:• no proper implementation• lack of training for police, prosecutors and judges• discriminatory attitudes within police forces• flaws in investigation and prosecution

• Governments introduce appropriate legislation to combat homophobic and transphobic hate crimes• Governments introduce policies and measures such as training and awareness-raising activities targeting police, prosecutors and judges• LGBTI individuals have access to justice and redress mechanisms

Our objectives

Our research

Countries of focus are: Croatia, Bulgaria, Latvia, Italy and Ukraine A briefing is published for each country, which includes:

- an overview of issues surrounding homophobic and transphobic hate crimes in the country- individual cases- recommendations to authorities

A regional overview briefing in Europe will be published toward the end of 2013

Croatia – Inadequate protection

documents- cases where the alleged homophobic or transphobic motive was not appropriately taken into account in the investigation and prosecution of physical violence- cases where victims were not duly informed on the progress of their case- discriminatory treatment of hate crime victims by police, and- failure to protect participants in Pride marches from violence

Bulgaria – Changing Laws, Changing Minds

focuses on

- the failure of the police and prosecutors to address effectively crimes against LGBT people - the absence of hate crimes legislation on the basis of sexual and gender identity

Our activities

Campaigning on individuals- Bulgaria: Mihail Stoyanov- Turkey: Ahmet Yildiz

Awareness-raising activities- public discussions

Media work Advocacy addressing recommendations to governments/authorities Information sharing Other campaigning activities – link to Prides at risk

On 4 May 2012 LGBT action held a silent protest against the failure to bring justice in the case of the killing of Mihail Stoyanov. Placards read: "Homophobia kills"

Individual case: Mihail Stoyanov (BG)

30 September 2008: Mihail Stoyanov, 25 year-old, was brutally killed in a park because his killers thought he was gayAlmost four years later, the perpetrators of this murder have yet to be brought to justice despite one suspect pleaded guilty and several witnessesSign the petition for Mihail Stoyanov case at: http://www.amnesty.ie/content/mihail-died-because-his-killers-thought-he-was-gay-0

More data and cases collection by LGBTI organisations would help to…

Strengthen advocacy and campaign work to introduce legislative, policy and practice changes needed by States to tackle homophobic and transphobic hate crimes

More cases recorded – victims feeling more comfortable + especially if NGOs have contact with LGBTI local groups Bring justice to victims of violence – particularly in individual cases Raise awareness of the regional dimension of the problem more chances to achieve change also at European level (e.g. having an EU Directive on Hate Crimes including sexual orientation and gender identity)

…and challenges posed by research on hate crimes

Lack of data or partial data available No thorough monitoring by the State Partial monitoring by NGOs, because for instance they are based in big cities (so lack of info on cases happening in other areas), and/or they lack a sound methodology to record hate crimes cases (e.g. confusion between hate speech and hate crime)

For more information

Veronica Scognamiglio

European Campaign Coordinator on Discrimination, Amnesty International European Institutions Office vscognamiglio@amnesty.eu

Marco PeroliniResearcher on Discrimination, Europe and Central AsiaAmnesty International Secretariatmarco.perolini@amnesty.org