Hate Crime

R.Y.

01
May

INFORMATION OF INCIDENT

ANALYSIS OF HATE CRIME

  • FACTS

Ramazan Yılmazer who has been living in Germany for 41 years went to a restaurant to have dinner with his daughter and son-in-law. Upon his entry in the restaurant Yılmazer asked : ‘A person named Yetiş wrote that he started working here, is he still going on?’. The restaurant owner responded : ‘’ I fired all of them. The guy was a member of ‘FETÖ’, as you guess he was a terrorist. I have nothing to do with such people.’’ Yılmazer replied : ‘I don’t know you but I have known those people for 30 years. Did they assault you; did they attack you with a gun? How can you talk like that?’. Upon this, the perpetrator and his relatives insulted and assaulted the victim on the ground that he is a member of Gülen movement, saying ‘so you are one of them’. Yılmazer, who had a broken tooth as a result of the attack and received a medical report from the hospital and lodged a complaint against the perpetrator named Rıfat Yılmaz.

  –     EVALUATION OF THE CASE UNDER THE GERMAN PENAL CODE(StGB)

According to StGB article 185[1] Persons who insult and physically attack a person because of hatred arising from differences in language, race, nationality, color, gender, disability, political opinion, philosophical belief, religion or sect shall be punished with imprisonment.

In the case, Ramazan Yılmazer was insulted and physically assaulted by the restaurant owner on the ground that he is a member of Gülen Movement and as a result of the atteck his tooth was broken. The mentioned crimes of insult and intentional injury were committed on the ground that the victim sympathizes with Gülen movement.  The motif beyond the crimes is the victims’s political ideology.

In conclusion, in the case, there is a hate crime committed by a restaurant owner.

  • EVALUATION OF THE CASE UNDER INTERNATIONAL LAW

According to the Office for Human Rights and Democratic Institutions (ODIHR)[2] of the Organization for Security and Cooperation in Europe (OSCE), a hate crime is a criminal act motivated by bias against a group. Hate crimes comprise two elements: a criminal offence and a bias motivation.

In the case, the perpetrator insulted and committed an intentional injury because of the victim’s political ideology. According to the definition of hate crime by ODIHR, there is a hate crime motivated by hatred of victim’s affiliation with the Gülen movement.

[1] https://adsdatabase.ohchr.org/IssueLibrary/GERMANY_Criminal%20Code.pdf

[2] https://hatecrime.osce.org/

  • CONTEXTUAL INFORMATION

Bias Indicators

The following bias indicators had been accepted as objective facts by the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation in Europe[1] in order to determine that a crime is a hate crime. Although the presence of these bias indicators doesn’t conclusively prove that the crime is a hate crime, they are important clues that should not be ignored. If these bias indicators are present in the case, police, prosecutors and civil society organizations may consider the case as a hate crime.

       Bias Indicators                  Explanation Case
         Victim PerceptionDoes the victim perceive that the incident was motivated by bias?         ✅           
       Witness PerceptionDoes the witness perceive that the incident was motivated by bias?          ✅                        
The difference between the victim and the suspect based on the protected characteristicDo the suspect and victim differ in terms of political ideology?          ✅     
A comment, written statement, attitude or graffiti that indicates prejudiceAre there any comments, written statements, attitudes or graffiti that indicate prejudice?          ✅     
       Offender CaracteristicsIs there any evidence of similar acts in the suspect’s past or on his/her record?          ✅                  
       Degree of ViolenceWas the degree of the violence used against the victim particularly intense?          ✅    
                   LocationDoes the location have significance for the targeted group? ❎
                    TimingDid the incident take place at a time of particular significance for the targeted group? ❎
     Organised Hate GroupDoes the suspect belong to a group targeting a political group? ❎
History of Previous Hate     IncidentsHas the targeted location been previously targeted in an incident against a political group? ❎
Attack Against PropertyIs there an attack on property belonging to the group? ❎

[1] https://www.osce.org/files/f/documents/9/0/448696.pdf