A/HRC/14/43/Add.2 scheme that came into force in 2001, hate crimes are generally viewed through the lens of “politically motivated crimes”. 33. The Special Rapporteur was informed by the Government that the German police use the following existing classification scheme for politically motivated crimes: right-wing politically motivated crimes, left-wing politically motivated crimes, politically motivated crimes committed by foreigners, and other politically motivated crimes. Furthermore, the Government indicated that of the 31,801 crimes registered as politically motivated crimes, 4,757 were qualified as hate crimes (4,358 of which were classified as right-wing politically motivated crimes, 127 as left-wing politically motivated crimes, 112 as politically motivated crimes committed by foreigners, and 160 as other politically motivated crimes). 34. The application of the classification scheme used by the police with regard to hate crimes shows that a great majority of them are considered as right-wing politically motivated crimes. As pointed out by many civil society organizations, a narrow understanding of racism still permeates many public institutions in Germany. In this approach, racist crimes are viewed primarily as a product of right-wing extremism. The European Commission against Racism and Intolerance also emphasized that less obviously extreme manifestations of racism tend to be neglected as such in the criminal process, and that members of visible minorities feel that only offenders who are identifiably members or sympathizers of right-wing extremist groups are likely to be pinpointed in the criminal justice system as authors of racist acts, with the result that some racist offences are not treated as such at all.5 35. Apart from the conceptual flaws involved in this understanding of racism, civil society interlocutors pointed to the practical problems that this approach generates. In particular, the Special Rapporteur was informed that because of the association in practice of hate crimes to right-wing extremism, only crimes perpetrated by individuals known to be affiliated to an extreme-right wing movement will generally be characterized as a hate crime. Many other offences perpetrated by individuals who are not known to be right-wing extremists are not reported as hate crimes, but rather as bodily injuries. 36. The Special Rapporteur wishes to make reference to a tragic event that took place just after the conclusion of his visit to Germany, which is yet another reminder of the persistence of racism in the country and the need for robust action to curb it. On 1 July 2009, just after the Special Rapporteur concluded his visit to Germany, Marwa Al-Sherbini, a 32-year-old pregnant Egyptian pharmacist died after being stabbed at least 16 times in a courtroom in Dresden.6 Ms. Al-Sherbini was in the courtroom to testify in a case against her attacker, who had previously been fined for uttering racial slurs against Ms. AlSherbini, calling her an “Islamist” and a “terrorist”. Ms. Al-Sherbini’s husband, a genetic research scientist, was also seriously wounded in the incident as the police mistook him for the attacker and shot him in the leg. The Special Rapporteur was informed of the judgement of 11 November 2009 by which the criminal chamber of the regional court of Dresden sentenced the attacker to life imprisonment for the xenophobic murder of Ms. Al-Sherbini and for the attempted murder of her husband. 5 6 10 See ECRI, Fourth Monitoring Report on Germany, para. 18. See also the allegation letter sent jointly with the Special Rapporteur on freedom of religion or belief, as well as the summary of the Government’s reply, A/HRC/13/40/Add.1, paras. 88–99. GE.10-11624