1. Tackling homophobic and transphobic hate crimes: how case and data collection can support campaigning and advocacy work
Veronica Scognamiglio, Amnesty International
Workshop 23: Methodology of Reporting and Monitoring Projects on Hate Crime
ILGA Europe annual conference, 19 October 2012, Dublin

2. Background
Combating discrimination and intolerance against LGBTI people is one of the priority topics addressed by the Fight Discrimination in Europe (FDE) Campaign.
OSCE defines hate crimes as “criminal offences, including offences against persons or property, where the victim, premises or target of the offence are selected because of their real or perceived connection, attachment, affiliation, support or membership of a group.”
Starting from January 2012, one strand of AI’s work on rights of LGBTI people in Europe and Central Asia has focused on homophobic and transphobic hate crimes.
As part of this project we have published two briefings on Croatia and on Bulgaria, highlighting the impact of homophobic and transphobic hate crimes on LGBTI people, the legislative framework in the two countries, the gaps and flaws in investigation and prosecution and our recommendations to states on their responsibility to tackle these crimes.
In the last quarter of 2013 we also plan to put forward recommendations to European institutions.

3. Homophobic hate crimes are committed on the grounds of the victim’s real or perceived sexual orientation;
Transphobic hate crimes are committed on the grounds of the victim’s real or perceived gender identity or
gender expression.
Hate crimes represent an attack not only on the individual victim, but on LGBTI individuals more broadly

4. Some main facts about homophobic and transphobic hate crimes
Hate crimes may be perpetrated by state or non- state actors
A minority of CoE member states recognize homophobia or transphobia as motives for investigation / prosecution
Reluctance of victims to report hate crimes to police, because of fear of secondary victimization
Police officers often are reluctant to investigate
Only 15 Council of Europe (CoE) member states have adopted legislation on homophobic, and only two on transphobic hate crime. But even where legislation exists, it often is not implemented properly + police force lack of training + flaws in investigation and prosecution

5. Current situation
So far, only 15 Council of Europe (CoE) member states have adopted legislation on homophobic, and
only 2 on transphobic hate crime (other 3 from 1st Jan 2013: Croatia, Sweden and Scotland) .
But even where legislation exists:
no proper implementation
lack of training for police, prosecutors and judges
discriminatory attitudes within police forces
flaws in investigation and prosecution

6. Our objectives
Governments introduce appropriate legislation to combat homophobic and transphobic hate crimes
Governments introduce policies and measures such as training and awareness-raising activities targeting police, prosecutors and judges
LGBTI individuals have access to justice and redress mechanisms

7. Our research Countries of focus are:
Croatia, Bulgaria, Latvia, Italy and Ukraine
A briefing is published for each country, which includes:
- an overview of issues surrounding homophobic and transphobic hate crimes in the country - individual cases - recommendations to authorities
A regional overview briefing in Europe will be published toward the end of 2013
Briefings on Croatia (Inadequate Protection) and
Bulgaria (Changing Laws, Changing Minds) have been launched in June 2012.

8. Croatia – Inadequate protection
documents - cases where the alleged homophobic or transphobic motive was not appropriately taken into account in the investigation and prosecution of physical violence - cases where victims were not duly informed on the progress of their case - discriminatory treatment of hate crime victims by police, and - failure to protect participants in Pride marches from violence

9. Bulgaria – Changing Laws, Changing Minds
focuses on
- the failure of the police and prosecutors to address effectively crimes against LGBT people - the absence of hate crimes legislation on the basis of sexual and gender identity

10. Our activities Campaigning on individuals - Bulgaria: Mihail Stoyanov
- Turkey: Ahmet Yildiz
Awareness-raising activities
- public discussions
Media work
Advocacy
addressing recommendations to governments/authorities
Information sharing
Other campaigning activities – link to Prides at risk
On 4 May 2012 LGBT action held a silent protest against the failure to bring justice in the case of the killing of Mihail Stoyanov. Placards read: "Homophobia kills"
Media work: use of statistics and stories from countries to get media coverage
Advocacy: General recommendations are applicable to countries outside those which are focused on

11. Individual case: Mihail Stoyanov (BG)
30 September 2008: Mihail Stoyanov, 25 year-old, was brutally killed in a park because his killers thought he was gay
Almost four years later, the perpetrators of this murder have yet to be brought to justice despite one suspect pleaded guilty and several witnesses
Sign the petition for Mihail Stoyanov case at: killers-thought-he-was-gay-0
Media work: use of statistics and stories from countries to get media coverage
Advocacy: General recommendations are applicable to countries outside those which are focused on

12. More data and cases collection by LGBTI organisations would help to…
Strengthen advocacy and campaign work to introduce legislative, policy and practice changes needed by States to tackle homophobic and transphobic hate crimes
More cases recorded – victims feeling more comfortable + especially if NGOs have contact with LGBTI local groups
Bring justice to victims of violence – particularly in individual cases
Raise awareness of the regional dimension of the problem  more chances to achieve change also at European level (e.g. having an EU Directive on Hate Crimes including sexual orientation and gender identity)

13. …and challenges posed by research on hate crimes
Lack of data or partial data available
No thorough monitoring by the State
Partial monitoring by NGOs, because for instance they are based in big cities (so lack of info on cases happening in other areas), and/or they lack a sound methodology to record hate crimes cases (e.g. confusion between hate speech and hate crime)

14. For more information Veronica Scognamiglio
European Campaign Coordinator on Discrimination, Amnesty International European Institutions Office
Marco Perolini
Researcher on Discrimination, Europe and Central Asia
Amnesty International Secretariat