A/72/287
75. In Germany, the judiciary has contributed to a shift in the approach towards
far-right violence. In the past, public authorities and the judiciary had failed to
consider organized attacks against refugees, including bombi ngs and arson attacks
against refugee shelters, as terrorism. The recent trial against the so -called Freital
group was the first time that members of a right -wing extremist group have been
tried for terrorism. 91
3.
Collection of disaggregated data
76. The Special Rapporteur reiterates the importance of systematically recording,
collecting and publishing disaggregated data on racial and xenophobic
discrimination, hate speech and hate crimes. 92 He is pleased to note that some States
have developed data collection systems on hate crimes, including crimes committed
against individuals on the grounds of race, colour, ethnicity, origin or minority
status, citizenship and religion. He was informed that some States collect data
specifically on racist crimes committed by members of extremist groups. He
welcomes these initiatives. He also highlights that, in the absence of official
statistics in some States, national human rights institutions and non -governmental
organizations play a central role in collecting disaggregated data on hate crimes. 93 In
Greece, the Racist Violence Recording Network documents racist incidents and
analyses the quantitative and qualitative trends relating to racist violence in the
country. Stakeholders respect the principle of confidentialit y and incidents are
reported to the network without any reference to personal data. 94 The Network also
issues recommendations to the Government and assists relevant authorities with
their implementation. While noting various gaps and areas of improvement, t he
Network expressed general satisfaction over the Greek authorities’ response to its
recommendations. For example, the Government followed recommendations to
appoint special prosecutors on racist crimes in several cities — a good practice
identified by the Network on the basis of the data that it had collected. 95
77. In the context of counter-terrorism, the Special Rapporteur recalls the
importance of disaggregated data collection. Data enables States to assess the
effectiveness of counter-terrorism legislation and policies and their impact on
certain groups. It can, for example, detect laws or practices that focus
disproportionate attention on racial and ethnic minorities on the basis of stereotypes
linking them with crime and terrorism. On the basis of this knowledge, States can
design targeted measures aimed at addressing the negative human rights
implications of counter-terrorism measures. Data also allows the effectiveness of
such interventions to be evaluated. Furthermore, data serves as a tool to incr ease
transparency and accountability of actors with counter -terrorism powers. This is
particularly important as many States have provided law -enforcement agencies and
local authorities with extensive discretionary powers regarding identity checks,
stops and searches and the use of administrative measures. Finally, data gives a
voice and face to victims and therefore improves their access to justice and
remedies.
78. The Special Rapporteur appreciates that some States systematically gather
disaggregated data on law enforcement practices. In some countries, this has led to
__________________
91
92
93
94
95
17-13397
See Ben Knight, “Terror trial in Dresden for Freital neo -Nazi group”, Deutsche Welle, 6 March
2017. Available from https://perma.cc/4WGA-CYEE; European Civil War, “What is the ‘German
right-wing terrorist’ ‘Freital Group’? And what can it teach us about processing resistance”,
available from https://perma.cc/87M8-HCSN.
See, in particular, A/70/335.
A/HRC/26/50, para. 46.
A/HRC/32/50/Add.1, paras. 35-38.
Racist Violence Recording Network, “Annual report 2016”, pp. 17 -19.
19/23