February 2006
19. Police should ensure that anti-discrimination law is enforced vigorously and
effectively. In particular, police should take steps to encourage the reporting
of crimes motivated by ethnic hatred, and ensure that they are fully recorded
and investigated.
The right to equal treatment is a fundamental human right, and all States have laws
of some kind that address discrimination. States vary in the extent to which, and the
manner in which, their laws cover different forms of discrimination. For example, in
some States, discrimination is covered by civil law and is not a responsibility of the
police. Also, acts of violence motivated by ethnic hatred may be covered by special
laws, may be regarded as aggravated cases under a more general criminal law, or
may not receive any special recognition under the law.
Whatever their responsibilities under the law for tackling crime motivated by ethnic
hatred and violence, police need to ensure that they apply these laws firmly and
consistently. Any democratic multi-ethnic State, for its successful functioning, is
dependent on the police for ensuring that its laws against racism and discrimination
are implemented effectively. Of course, this must be done in conjunction with the role
of prosecutors and the courts, according to the procedures and responsibilities set out
within each individual State. Everywhere, however, the police role is crucial.
Acts of physical violence motivated by ethnic hatred are the most serious forms of
crime motivated by ethnic hatred, and the most serious threat to the stability and
well-being of multi-ethnic democracies generally. Such acts not only do serious harm
to individuals, but - because they target individuals as members of ethnic groups also threaten whole communities and thus the fabric of society generally. It is
essential that police understand the importance of their role in tackling this form of
crime (e.g. through provision of training on this subject), and that they appreciate the
dependence of the whole society on their dealing with it effectively.
The element of racism or ethnic hatred in crime is often explicit, though sometimes it
may be subtle or concealed. In multi-ethnic contexts, police should always consider
the possibility of such motivation in crime, and (regardless of their own initial view on
the matter) should always accept for investigation the allegation of the victim or any
other person that an element of racial motivation was involved. The judgment by the
European Court of Human Rights in the Nachova case makes clear that all European
^6