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3.1 Registration Systems and Relevant Official Data Sources
3.1.1 Germany
3.1.1.1 Police Classification and Registration System
The police classification and registration system of right-wing offenses and related hate crimes has been the subject of intensive discussion for almost a decade now in Germany. In the following we will present a brief account of its transformation since 2001 and problems with its current implementation.
Though criminal law does not explicitly refer to bias-motivated crimes, the Criminal Police Recording System has contained basic registration rules for racially motivated assaults since 1992 and for anti-Semitic offenses since 1993. (6) Given the transition of the nature and quantity of right-wing attacks in the aftermath of reunification, the previous police classification and recording system proved inadequate; it had major flaws that needed to be addressed. The reportage on victims of right-wing hate crimes in Germany had already made a significant impact when the Frankfurter Rundschau and Der Tagesspiegel first published them in 2000 (See Sect. 1.1.1). These numbers disclosed a much higher death toll by right-wing and racist violence than the criminal police records. (7) The enormous discrepancy between this chronology and police figures sparked a public uproar. Even high-ranking police officers, such as Bernhard Falk, the then-Vice President of the Federal Criminal Investigation Office, concluded that »the real number of right-wing extremist, anti-Semitic and xenophobic offenses [in Germany] must be higher than those displayed by police statistics.« 8 Public criticism focused on the layout of the official registration system, i.e. its criteria and definitions, as well as on the actual implementation of these criteria by local police officers. Apparently, it was common »that a xenophobic background was not registered although the perpetrator was clearly affiliated to the skinhead milieu or neo-Nazi groups—just because the offenders refused to admit his [racist] motives.« (9) Furthermore, the Criminal Police System, where xenophobic and anti-Semitic offenses were registered, was primarily focused on state security-related »extremist crimes,« which are defined as offenses aimed at threatening or overthrowing Germany’s democratic constitutional system. (10)
The Revised Criminal Police Registration System
Following internal and external inquiries, a new criminal police registration system was introduced in 2001 based on an agreement between the Federal Ministry of the Interior and the state governments. »Politically motivated crimes« has become the foundation of the new classification system. These crimes have been separated into three main types, of which only the first will concern us for the purpose of this study: right-wing, left-wing and foreign. Hate crimes, a sub-category of politically motivated crimes of the right, have been divided into two types: xenophobic and anti-Semitic offenses. »Politically motivated criminal acts are considered hate crimes if (1) taking into consideration the circumstances of the act and the attitude of the perpetrator(s), indicators occur which imply that the crime was directed against a person because of his or her nationality, ethnicity, race, skin colour, religion, origin, sexual orientation, disability or because of his or her outward appearance or social status and that (2) the act is in causal relationship to this.« (11) Furthermore, definitions for xenophobic, anti-Semitic and politically motivated violence were established. (12)
The new police registration system was to ensure »that, as a result of nation-wide standardized and comprehensive criteria, all relevant facts of the case are registered, assessed and reported by local police units to the Federal Office of Criminal Investigation according to the procedure agreed upon nationwide.« (13) According to the German RAXEN report, »the strong emphasis on the xenophobic or anti-Semitic motivation of the perpetrator was reduced« by including more indicators of intent and circumstances of the offense. This made it easier to register a criminal offense as a hate crime, even if the perpetrators refuse to admit their motives and the background of the offense was not considered to be »extremist.« (14) Generally, the reform is acknowledged to be a major improvement that has led to some considerable changes in police practice. Many victim support organization are also attesting to progress, especially with regard to the categorization of racist attacks that target migrants and non-ethnic Germans. (15)
Although the revised system considered many of the concerns raised by NGOs and legal experts before 2001, it still displays clear weaknesses. The detailed criteria for the local police officers’ assessment and categorization of offenses as well as their »detailed instructions for action,« mandated by the Federal Office for the Protection of the Constitution, are not available to the public. (16) Five years after the introduction of the new registration system, the Federal Ministry of the Interior and the Ministry of Justice acknowledged the continued discrepancy between police figures and the number of hate crime incidents reported by unofficial sources: »Due to an unknown number of criminal offenses that go unreported to the police and different classification criteria, the data from legal authorities and victim support organizations vary considerably at times.« (17) Furthermore, shortfalls in the implementation of the new regulations by local police departments and underreporting by hate crime victims obviously detract from the accuracy of official data.
Reasons for Non-reporting by Victims
Victims are sometimes afraid to reveal their personal data required in a report, as the legal defense can usually access these data. (18) Victims who are already known to the offender are sometimes afraid of revenge or the escalation of conflicts as a consequence of filing a criminal complaint. Individuals who have reported to the police before without tangible consequences are likely to be either frustrated or at least cautious given the considerable time and effort involved in filing a lawsuit. Others, especially adherents of left-wing groups, are concerned that they will not be treated as crime victims claiming their legal rights, but might become the object of police inquiries themselves. Lastly, some people simply seek to avoid any further experiences of victimization. (19)
Categorization Practice
Alternative and anti-Fascist left-wing youth, one of the biggest target groups of right-wing offenses in Germany, report to the police less frequently than victims of racist attacks. (20) As highlighted by NGOs and researchers, one reason for this is related to the fact that police officers often categorize right-wing motivated attacks on adolescents as acts of »youth delinquency« or »rivalries between youth gangs.« (21) In cases where the ethnic origin of a perpetrator is not German, police tend to classify the attack in the third category of politically motivated criminality — criminality by foreigners — but not as an anti-Semitic or racist assault, which would be categorized as politically motivated crimes of the right. (22) Criminal offenses that were not anticipated in the classification of politically motivated violence are often not even considered hate crimes, even if the attacker’s bias evidently played a role in the motive. According to victim counselors, cases without injuries (stalking, threatening graffiti and other) are often not even registered or are not reported to the Criminal Investigation Department. (23) By failing to more systematically take into account the perception of victims and witnesses, as done in some other countries such as the United Kingdom or the United States, the German system is still significantly under-recording the extent of hate crime incidents. (24)
Police Officers’ Awareness and Knowledge
Not all police officers seem to be familiar with the official definition of a hate crime. Many consider a case to be »right-wing motivated« only under the condition that the perpetrator is directly affiliated with a far-right organization. (25) Many officers are not trained or aware and lack information on activities and symbols of right-wing extremism. (26) Furthermore, constant allegations of police abuse and mistreatment of migrants and refugees reveal xenophobic attitudes within the law enforcement agencies themselves. This has been registered and published by local NGOs and human rights organizations such as ReachOut and Amnesty International (see Chapter 1). According to an interview with one police officer who is also a gay activist, prevailing prejudices with regard to the LGBT community are also a considerable problem: »Homosexuality has been illegal for most of the time, including in the [former] GDR. Especially elder colleagues have difficulties accepting homosexuality as normal for this reason.« (27) One victim counselor summarized the difficult relationship between police officers and their »clients«: »Since victims of right-wing attacks are often marginalized and seen as problem-laden, they often do not get treated with much understanding by police officers.« (28)
Institutional and Political Influences
Attitudes of individual police officers are, however, only one obstacle for a more appropriate treatment of hate crime incidents and victims. Numerous studies and authors have identified structural and political factors that undermined an adequate response to hate crimes by law enforcement institutions. They have pointed to the lack of available staff and resources, as well as bureaucratic and political pressures. (29) Every offense categorized as »politically motivated« results in considerably more work for the respective police officer, constituting a strong disincentive for the correct classification. In contrast to other countries, special training programs for police and other law enforcement officials that help raise general awareness about different forms of hate crimes and victim groups are still not a top priority in many federal states of Germany. (30) Furthermore, dealing with such a highly politicized matter as right-wing violence can also create pressures on local police departments to underreport the amount of hate crimes due to concerns regarding the reputation of a particular region, town or police district. A recent scandal in Saxony-Anhalt, which was also covered by international media reports, highlighted that German police in some regions are still routinely ignoring racially motivated attacks. (31) The chief of police in Saxony-Anhalt was forced to resign in June 2007 after it had emerged that he was responsible for manipulating statistics in order to hide the soaring number of racist and right-wing incidents in the region. He went so far as to instruct police officers not to classify offenses as hate crimes unless the perpetrators were caught. About two hundred »unreported« offenses, mainly propaganda offenses, were omitted.(32) Similar accusations with regard to the adjustment of police statistics were made in the state of Thuringia, where the police are also known for not taking the problem of right-wing extremism seriously. (33) Several interview partners observed similar problems in other federal states in both East and West Germany, where leading police officers and politicians have been also accused of trying »to keep official figures of right-wing offenses low.« (34)
6. Bundesministerium des Innern; Bundesministerium der Justiz 2001. Erster Periodischer Sicherheitsbericht 2001, Berlin, p. 269. Also note that the Criminal Police Recording System (Kriminalpolizeilicher Meldedienst, KPMD) is a database of ongoing police investigations and in contrast to the Police Criminal Statistics (Polizeiliche Kriminalstatistik, PKS), does not consider the outcomes of investigations.
7. By that time, the newpapers listed 93 cases of violent deaths for the years 1990 to 2000, in contrast to 25 casualties registered by the police for the same time period.
8. Bundesministerium des Innern; Bundesministerium der Justiz 2001. Erster Periodischer Sicherheitsbericht 2001, p. 272.
9. Ibid., p. 262.
10. Ibid.
11. Peucker, Mario 2006. The Hate Crime Concept in Germany and How to Improve the Knowledge on the Extent of Hate Crimes, Bamberg, p. 1.
12. Xenophobic acts are defined as hate crimes »which were committed due to the victim’s actual or alleged nationality, ethnicity, race, colour of skin, religion or origin.« Anti-Semitic offenses are understood as offenses «which were committed because of an anti-Jewish sentiment.« Ibid. »Politically motivated violence,« a further sub-category for the classification of hate crimes, refers to homicides, assaults and battery, deprivation of personal freedom, blackmailing, resistance to law enforcement officers and sexual offenses. Ohms, Constance 2003. Hasskriminalität gegen Lesben und Schwule. In: Forum Kriminalprävention, Vol. 3, Nr. 4, May 2003, p. 44-45: p. 44.
13. Bundesministerium des Innern; Bundesministerium der Justiz 2001. Erster Periodischer Sicherheitsbericht 2001, p. 268.
14. Peucker 2006. The Hate Crime Concept, p. 2.
15. Interviews with Together, ReachOut and Opferperspektive.
16. Peucker 2006. The Hate Crime Concept, p. 2.
17. Bundesministerium des Innern; Bundesministerium der Justiz 2006. Zweiter Periodischer Sicherheitsbericht 2006, Berlin, p. 151.
18. Ibid., p. 157.
19. Interviews with ReachOut and Amal.
20. Ibid.
21. Bundesministerium des Innern; Bundesministerium der Justiz 2006. Zweiter Periodischer Sicherheitsbericht, p. 157; interviews with Opferperspektive, AMAL and Together.
22. By definition, the category »politically motivated criminality by foreigners« (politisch motivierte Ausländerkriminalität, PMAK) cannot be applied to German citizens regardless of their ethnic background. According to ReachOut, police have categorized some hate crimes as PMAK that were committed by migrants holding a German passport. Interview with ReachOut.
23. Ibid.
24. Peucker 2006. The Hate Crime Concept, p. 5.
25. Interview with Opferperspektive.
26. Peucker 2006. The Hate Crime Concept, p. 2.
27. Interview with Of a Different Kind.
28. Interview with Opferperspektive.
29. Bleich, Erik; Hart, Ryan K. 2008. Quantifying Hate: The Evolution of German Approaches to Measuring ‘Hate Crime.’ In: German Politics, Vol. 17, Nr. 1, p. 63-80; Schellenberg, Britta 2008. Strategien gegen Rechtsextremismus in Deutschland: Analyse der Gesetzgebung und Umsetzung des Rechts, Centrum für angewandte Politikforschung, München, p. 12-14; MANEO 2007. Gewalterfahrungen von schwulen und bisexuellen Jugendlichen und Männern in Deutschland: Ergebnisse der MANEO-Umfrage 2006/2007, Berlin, p. 12.
30. Schellenberg 2008. Strategien gegen Rechtsextremismus, p. 13.
31. The Telegraph, 12 Jun 2007.
32. Der Tagesspiegel, 28 Nov 2007. On another occasion, a local police chief in Saxony-Anhalt actively encouraged his subordinates to slow down investigations of right-wing offenses. Die Welt, 1 Nov 2007. Furthermore, individual local police units reacted inadequately to right-wing offenses, partly hindering effective legal prosecution. See: Anonymous 2007. Sachsen-Anhalt: LKA-Chef Zurückgetreten, NPD-BLOG, 28 Nov 2007, Berlin. Another example was the failure of local police in Halberstadt (Saxony-Anhalt) to secure evidence and round up the obvious perpetrators of a brutal attack on a group of actors from a theater. As a result, the state prosecutor experienced serious problems proving the defendants’ guilt. Die Tageszeitung, 14 Mar 2008.
33. Schellenberg, 2008. Strategien gegen Rechtsextremismus in Deutschland, p. 13; Anonymous 2008. Aktion wegschauen geht weiter: Auch Thüringen schönt offenbar Statistiken, NPD-Blog, 7 Feb 2008, Berlin.
34. Interviews with Together and Of a Different Kind.
(OPP)
