Behaviors such as attacking someone because they are black or Jewish, or insulting someone by calling them a “fat lesbian,” are considered hate crimes. The Human Rights Convention states that these acts must be condemned. However, to be able to condemn them, it is necessary to identify them. On this point, Switzerland is lagging behind.
A hate crime is generally a criminal act motivated by prejudice based on ethnicity, religion, sexual orientation or other similar motives. This includes acts committed against a person because of their actual or perceived appearance by a social group.
According to a study carried out by the Basel-City police, it appears that in Switzerland less than half of the cantonal police forces maintain statistics on hate crimes. In comparison, Anglo-Saxon countries started doing this in the 1990s, and Germany has followed this practice for almost two decades.
Hate crime is not included in the Penal Code
Switzerland is lagging behind in terms of census because each police force has its own approach. But according to Silvia Staubli, scientific collaborator at the Basel-City cantonal police and author of the study, federalism does not explain everything.
Wednesday in La Matinale de la RTS, she explains that hate crime in itself is not included in the Penal Code: “it appears when a motive for prejudice is associated with an offense. It is probably this aspect which constitutes a obstacle to its census. The difficulty in recognizing it complicates its capture.
The LGBTIQ community is the main victim
The LGBTIQ community is mainly affected by these crimes. According to the “LGBTIQ Helpline”, in 2022, an announcement was recorded on average every three days, a figure which is also constantly increasing. But only 10 to 20% of victims choose to turn to the police.
There are several reasons why these victims are reluctant to report these incidents. Because it is not always obvious to everyone that a simple insult can constitute a hate crime. It’s important to note that it’s the intention that matters, not the target. For example, if someone calls you a “dirty faggot” even if you are not gay, it is still a hate crime.
The complexity of misgendering
Furthermore, according to Gaé Colussi, responsible for French-speaking Switzerland at PinkCross, a large number of people who contacted the Helpline had a bad experience with the police. “There are issues relating to gender identity, particularly for transgender or non-binary people. The police are faced with the complexity of managing both the official part relating to an identity document which must be presented, and a first or usage pronouns that do not correspond to them.
However, Gaé Colussi notes an improvement in the situation. Cantonal police are training more and more on these questions.
Bern police begin census
Improved reporting could also lead to improved data collection. Although one might think that this represents an additional administrative burden for law enforcement, this is not necessarily the case.
The Bernese cantonal police began recording hate crimes last year. According to Martin Schindler, head of the judicial police of the canton of Bern, seizures are made electronically, with boxes to be filled in depending on the situation, which does not greatly change the work of the staff. However, the challenge lies in processing and individually evaluating the motives of each case.
For the moment, given that each police force has its own method, it is impossible to obtain an overview of the extent of the phenomenon in Switzerland. But change is on the horizon, as the Federal Statistical Office, which compiles crime data each year, is working on a way to include hate crimes.
Radio subject: Célia Bertholet
Web adaptation: Miroslav Mares
