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

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