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111

Positive developments in the field of anti-discrimination

On 15 December 2014 the Secretary of State for Secu-

rity, Francisco Martínez, chaired the inauguration of the

first Action Protocol for Police and Security Forces in

Cases of Hate Crime.

The Protocol is a document that systematically lists all

of the aspects that a police officer should be familiar

with and take into consideration when responding to a

hate crime. It covers issues ranging from what should

be included in the reports (such as polarisation factors)

so that judges and prosecutors know from the very

outset what they are dealing with, to how to appro-

priately attend to victims and the importance of main-

taining permanent contact with social representatives.

The Secretary of State for Security stressed that this

Protocol marked the first time that police forces were

provided with a tool to help identify and standardise

police practice.

Francisco Martínez stated that protection of society’s

most vulnerable and the fight against discrimination and

hate crime is a priority that the Ministry of the Interior

has been working on since the beginning of the legisla-

tive period and that this Protocol would serve to build

a long human chain of professionals from the media, po-

lice and security forces, NGOs and the society at large,

all coming together to help the victims of these crimes

to report them and in the early identification of hate

speech resulting in physical, psychological and verbal

violence.

This Protocol, together with the first report on the

evolution of hate crimes in Spain in 2013 drawn up by

the Secretariat of State for Security, has given visibility

to victims of this type of crime, has helped develop

more effective security policies to protect fundamental

rights and provides support to other ministries offering

assistance.

This Action Protocol for Police and Security Forces

provides an overview of all the conducts violating

criminal or administrative law and includes polarisation

indicators listing the evidence that must be compiled

and incorporated into police reports so that prosecu-

tors and judges have sufficient rational evidence of cri-

minality allowing them to issue indictments and, as the

case may be, convictions.

The so-called doctrine or culture of hatred is not only

spread through conferences or speeches made before

groups of people; many criminal groups use the Internet

and social networks for this purpose. That is why the

Ministry of the Interior included a specific section in the

action Protocol to pursue crimes committed using the

Internet.

The measures suggested by the Ministry of the Interior

to fight against this sort of criminal practice include a

special section of the Ministry of the Interior web page

(http://www.interior.gob.es/es/

web/servicios-al-ciu-

dadano/delitos-de-odio) that provides information and

support to victims, families, friends and others. Also, the

creation of the figure of the social interlocutor will con-

tribute to closer ties with the civil society and serve as

a communication bridge between the different stake-

holder groups. Brochures will be distributed in several

languages to transmit the basic information and raise

societal awareness.

Support for victims of hate crimes offered through

the Ministry of the Interior website includes basic in-

formation on what a hate crime actually is, why it must

be reported and other links of interest, supplemented

by information brochures to help identify and, where

appropriate, report these crimes to police and security

forces.

The action Protocol for police forces and web page

support will contribute to making victims more visible

and thus providing them with better services. These

two elements, together with greater emphasis on tra-

ining and awareness-raising among police and security

forces, will help increase the number of complaints filed

so as to more effectively fight this type of crime.

The drafting of the protocol, the web page and the

victim support brochure, together with the far-reaching

reform of the reporting and registering of incidents

linked to the Criminal Statistics System, puts Spain at

the vanguard of European countries in the fight aga-

inst this phenomenon as attested to in the most recent

report of the European Union Agency for Fundamental

Rights (FRA).

In summary, the aim of this Protocol and the web page

is to give greater visibility to victims, enhance training

and awareness-raising of police forces, improve care

2. Hate crime action protocol

for police and security forces