Hate Crime

S.A.

28
Jul

INFORMATION OF INCIDENT

  • Date : 28th July, 2023
  • Location : Berlin / GERMANY
  • Perpetrator : S.A.
  • Victim : M
  • Source :  Report from the victim

ANALYSIS OF HATE CRIME

  • FACTS

To renew his company’s communication subscription agreement, Mr. Melik goes to the employees of the O2 company, who have opened a stand in the Media Markt store in the Kauf Park Eiche shopping center in Berlin. There is also a person of Turkish origin among the employees. Mr. Melik requests this person to renew the contract. The officer asks Mr. Melik for his ID. Realizing that the ID is not a citizen’s ID but the identity of an immigrant with a residence permit, the officer insults Mr. Melik in Turkish so that his German colleagues do not understand, on the grounds that he is affiliated with the Gülen movement, and the officer does not renew his contract.

–    EVALUATION OF THE CASE UNDER THE GERMAN CRIMINAL CODE

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.

In the case, the victim’s contract renewal request was rejected by the O2 employee. The motivation behind the request for renewal of the contract is the perpetrator’s hatred of the victim’s political opinion.

As a result, there is a hate and discrimination crime committed by perpetrator.

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 victim’s contract renewal request was rejected by the O2 employee. According to the definition of hate crime by ODIHR, there is a hate and discrimination 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/