Police Competences' in Preventing, Investigating and Combating

Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I

Justyna Jurczak Police Academy in Szczytno, Poland

Abstract. The article is divided into two main parts. It refers to selected data on hate crimes recorded in Poland and Police effectiveness regarding preventing, investigating and combating such kinds of crimes. Based on available sources there is no problem with extremist activity in a large-scale in Poland nowadays, but for sure there is an urgent one with the increasing number of hate- motivated incidents, both with its social impact. Awareness-raising and educational campaigns that aim at promoting respect for human rights and tolerance for diversity are much needed in this matter. Also, law enforcement agencies, including Police, play a key role while tackling racism and bias. An uncontrolled and unpunished manifestation of hate, both with the lack of an appropriate and unequivocal state response to such incidents, also quiet, social approval to hate-motivated behaviours, seem to be the main components of extreme movements growing. Thus, the main aim of the article was to describe the phenomenon of hate-motivated incidents that were reported in Poland within the past years and to diagnose Polish police officers’ skills, knowledge and qualification in this field, both qualitative analyses of accessible training programmes. Selected terms (racism, discrimination, intolerance, xenophobia and hate speech) and symbols (the Celtic Cross, the SS-Totenkopf and the Triskele) that promote hate were defined (part 1) both with Police officers’ identification accuracy. Research results presented in this article were gathered by using a variety of methods and techniques, both theoretical and empirical (part 2). The data that refers to Police competence in the context of preventing, investigating and combating hate crimes was mainly collected as a part of a doctoral research conducted by the author in 2012–2014. DOI: 10.5604/01.3001.0012.7528 http://dx.doi.org/10.5604/01.3001.0012.7528

Keywords: hate speech, hate crimes, Police, hate crime training

Introduction

The current situation in Europe, both political, economic and social, is strongly defined by views of groups and individuals, who often express their disapproval and call for radical changes in the existing order by referring to extreme ideologies and political doctrines. Extremism is nothing new in the 21st century — its etymological origin is of a much older date. It comes from the Latin where it means ‘final, extreme, ultimate’. In democratic systems, extremism is commonly identified with the pro- motion of political, social, economic and religious ideologies, whose achievement requires — in the opinion of extremists — a definitive measure. Extremism can thus be combined with many values; the most frequently includes the following: a far left or far right political position, race, also religion. What is more, many organizations of this kind act not only locally, but often attempt to work together across state bor- ders, becoming today one of the biggest challenges for the widely understood safety. A significant number of people in Europe is involved in a radical activity — they present their extreme views and promote slogans that might be linked to extreme movements such as e. g. the white supremacy movement. According to different research and reports, over the last 10 years there has been an increase especially in the right-wing motivated behaviour and nowadays it has been seen as a serious social problem, particularly in Hungary, Poland and Slovakia.

Internal Security, January–June 271 Justyna Jurczak

According to ‘Poland’s safety and security report’ published in 2014, 2015 and 20161 the severity of the domestic extremist organizations is rated as ‘relatively low’, and when it comes to the activities of extreme movements there are mostly about gatherings, protests and demonstrations, also publishing on the Internet. Although recorded systematically, the incidents involving members of extremist groups are mostly acts of hooliganism nature. It is also pointed out that the left extremist activity focuses mainly on radical information campaign (e. g. leaflets, posters), while the right-wing groups are more interested in infiltrating football hooligans groups. However, at the same time as stated e. g. in the Human Rights Committee report published in December 20162 “the reported increase in the number incidents of violence, hate speech and discrimination based on race, nationality, ethnicity, religion and sexual orientation and the insufficient response by the authorities to such incidents” is one of the principal matters of concern when it comes to Poland. As there is no problem with extremist activity in a large-scale in Poland nowadays, there is for sure an urgent one with the increasing number of hate-motivated incidents. The uncontrolled and unpunished manifestation of hate, both with the lack of state response to such incidents and no consistency in punishing the offenders, also quiet, social approval to so-called ‘incidental’ behaviours, seem to be the main components of extreme movements growing. Thus, all possible measure should be used to eliminate or reduce any extreme ideologies and behaviours that are present in various spheres of life.

Research methods

The author’s intention and the main aim of this paper were to describe the phenomenon of hate-motivated incidents that were reported in Poland within past years and to diagnose Polish police officers’ skills, knowledge and qualification while preventing, investigating and combating such incidents both with accessible training programmes in this field. Research results presented in this article were gathered by using a variety of methods and techniques, both theoretical and empirical. The data that refers to Police competence in the context of preventing, investigating and combating hate crimes was mainly collected as a part of a doctoral research conducted by the author in 2012– 2014. Author’s main interest while conducting these research was the effectiveness of police officers abilities while combating hate speech that appeared on Polish football stadiums. The main empirical method used then was the qualitative method of observation and a survey conducted on 795 police officers that were directly involved in ensuring safety during UEFA EURO 2012 held in Poland and Ukraine3.

1 Electronic source: http://www.antyterroryzm.gov.pl/CAT/antyterroryzm/publikacje/ raporty-analizy-i-prez/900,Zagrozenie-terroryzmem-z-Raportu-o-stanie-bezpieczenstwa-w- Polsce.html, accessed: 08.12.2017. 2 Human Rights Committee report concluding observations on the 7th periodic report of Poland. The meeting was held on 17–18th October 2016. Electronic source: https://www. rpo.gov.pl/pl/content/glossiness-zalecen-komitetu-praw-czlowieka-onz-z-vii-sprawozdania- okresowego-polski, accessed: 30.11.2017. 3 See more: Jurczak J., Działalność Policji wobec zjawiska stadionowej mowy nienawiści. Warsaw, 2015, pp. 6–7.

272 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I

Table 1 presents a detailed description of respondents that took part in the survey in comparison with the total number of police officers being on duty as for June 2013. The survey consisted of metric data and twenty two questions one of which was open ended, there were also sixteen questions closed ended and five half-open ended.

Table 1. Description of respondents in comparison with the total number of police offi cers on duty in 2013 including sex, age, educational, years in service, unit, section and ranks

No Sex Answers Sum Women Men No data 96 290 In total 13 280 83 010 --- (100%) 1. (14%) (86%) 186 599 10 795 Respondents (23%) (75%) (2%) (100%) Age < 25 y/o 25–30 y/o 31–40 y/o 41–50 y/o 50 y/o No data 96 290 4 895 21 202 46 015 21 990 2 188 In total --- (100%) 2 (5%) (22%) (48%) (23%) (2%) 71 534 63 5 0 122 795 Respondents (9%) (67%) (8%) (1%) (0%) (15%) (100%) Education Higher Secondary Primary No data 96 290 42 480 53 709 101 In total --- (100%) 3. (44%) (56%) (0,1%) 485 300 4 6 795 Respondents (61%) (38%) (0,5%) (0,5%) (100%) Years < 4 years 5 — 9 years 10 — 14 years 15 years < No data in service 96 290 (100%) 15 105 35 170 17 527 28 488 4. In total --- (16%) (37%) (18%) (29%) 795 693 29 29 38 6 Respondents (100%) (87%) (3,5%) (3,5%) (5%) (1%) Regional Local Police Police unit Main Police HQ Other No data Police HQ Police HQ stations 96 213* 2 956 11 467 48 963 23 610 9 217 5. In total --- (100%) (3%) (12%) (51%) (24%) (10%) 8 388 291 97 11 795 Respondents --- (1%) (49%) (36%) (13%) (1%) (100%) Police Investigation Prevention Support and logistic Supervisors No data section 96 213* 31 538 59 262 3 609 1 804 (100%) 6. In total --- (33%) (62%) (4%) (1%) 42 740 8 795 Respondents --- 5 (1%) 5%) (93%) (1%) (100% Police rank Lower rank Higher rank No data 96 213* 83 282 12 616 In total --- (100%) 7. (87%) (13%) 759 25 11 795 Respondents (96%) (3%) (1%) (100%) * doesn’t include positions financed by the local government Source: Author’s research based on data published by the National Police Headquarters on July 6th, 2013 (in total) in accordance to author’s survey (respondents).

Internal Security, January–June 273 Justyna Jurczak

For the purpose of this article, the analytic, synthesis, comparison and generali- zation methods were also used. Additionally, all data collected was cross-referenced with governmental and non-governmental reports and data, also media and state statements, such as newspaper and Internet articles when possible.

Hate crimes and hate speech in Poland

Bias-motivated incidents that were registered in Poland have very diff erent background: they are committed because of race, ethnicity, religion, gender, sexual orientation or disability. According to existing law — both Polish Constitution and penal code — there is no legal defi nition neither on hate crimes nor hate speech. There are very few countries that have defi ned and include hate crime defi nition in a legal frame in general. As for Poland above-mentioned regulations describe motives such as ethnicity, race, religion (or no belief) and political. It doesn’t include characteristic such as e. g. skin colour, age or homelessness. However, the Office for Democratic Institutions and Human Rights4 within OSCE5 has elaborated universal definition on hate crimes. ODIHR has stated that hate crimes are all criminal acts motivated by bias or prejudice towards particular groups of people. To be considered a hate crime, the offense must meet two criteria: the act must constitute an offense under criminal law and must have been motivated by bias6. Bias motivations can be broadly defined as preconceived negative opin- ions, stereotypical assumptions, intolerance or hatred directed to a particular group that shares a common characteristic, such as race, ethnicity, language, religion, nationality, sexual orientation, gender or any other fundamental characteristic. People with disabilities may also be victims of hate crimes. What is more, hate crimes can include threats, property damage, assault, mur- der or any other criminal offence committed with a bias motivation. Hate crimes don’t only affect individuals from specific groups. People or property merely associated with — or even perceived to be a member of — a group that shares a protected characteristic, such as human rights defenders, community centres or places of worship, can also be targets of hate crimes7.

4 Office for Democratic Institutions and Human Rights (ODIHR) — provides support, assistance and expertise to participating States and civil society to promote democracy, rule of law, human rights and tolerance and non-discrimination. ODIHR observes elections, reviews legislation and advises governments on how to develop and sustain democratic institutions. The Office conducts training programmes for government and law-enforcement officials and non-governmental organizations on how to uphold, promote and monitor human rights. Electronic source: http://www.osce.org/odihr, accessed: 14.12.2017. 5 Office for Democratic Institutions and Human Rights (ODIHR) — provides support, assistance and expertise to participating States and civil society to promote democracy, rule of law, human rights and tolerance and non-discrimination. ODIHR observes elections, reviews legislation and advises governments on how to develop and sustain democratic institutions. The Office conducts training programmes for government and law-enforcement officials and non-governmental organizations on how to uphold, promote and monitor human rights. See more: electronic source: http://www.osce.org/odihr, accessed: 14.12.2017. 6 Electronic source: http://hatecrime.osce.org/what-hate-crime, accessed: 14.12.2017. 7 Ibid.

274 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I

Hate speech then is any speech, gesture or conduct, writing, or display which is forbidden because it may incite violence or prejudicial action against or by a protected individual or group, or because it disparages or intimidates a protected individual or group8. Regarding hate speech, there is a debate in many countries whether these acts should be criminalized. In the context of hate crime foreign literature points out also one more term which defines an organized movement that support hate, hostility, or violence towards members of a race, ethnicity, religion, gender, sexual orientation or any other characteristic as a hate group9. Undoubtedly the geographic location, history and economic-political and social situation of each country decide or might influ- ence the specificity of each hate group. The activity of hate groups is particularly evident in the United States10, the cultural, religious and ideological diversity make them also present in Europe, however with varying intensity. In Poland — according to official information presented by the Internal Security Agency — hate group members are those who identified themselves with a criminal organization called Blood & Honour (B&H) that was established in 1987 in the UK. B&H gr oup is closely associated with a terrorist organization called Combat 18 (C18), which was formed through an agreement between the organization, the British National Party and hooligans from Chelsea Headhunters11. In Europe members of C18 have been suspected in numerous deaths of immigrants and non-whites people in the past. In Poland there were no such incidents recorded, however, in 2007 the Internal Security Agency had detained a 30-year old man for promoting radical and neo- Nazi materials such as brochures, posters and books, also uniforms with emblems referring to objects promoting fascism and racial hatred that denied the Holocaust. The logo of Blood and Honour was visible on some elements. What is more, there were also instructions for Polish neo-Nazi groups found, encouraging them for arson and bombings in refugee centres located in Poland, as well as meeting points of Jews and sexual minorities12. For the purpose of this article, it is also essential to recognize a few more terms related to hate crime matters such as discrimination, racism, xenophobia and intolerance. It is not the aim of the article to describe them in details, as there is a great number of a literature of various backgrounds available. However, those

8 Lipowska — Teutsch A, Ryłko E (Eds), Przemoc motywowana uprzedzeniami. Przestępstwa z nienawiści. Kraków, 2007, p. 11. 9 Wilson V. T, Mabrey D. J, Intelligence in a Plain View: Symbols, Logos, Markings and Non- Verbal Clues Suggesting Involvement in Domestic Extremism, Ilegal Gangs, and Illegal Drugs Activities. Texas, 2005, p. 23. 10 In USA there are many different hate groups: the American Front, American Nazi Party, Aryan Nations, Blood and Honour, Christian Identity, Connecticut White Wolves, Creativity Move- ment, Hammerskins, Ku Klux Klan, The National Association for the Advancement of White People, National Alliance, Nationalist Movement, The Order, the Jewish Defense League, Stormfront or White Aryan Resistance. 11 Electronic source: https://stopnacjonalizmowi.wordpress.com/2017/03/22/blood- honour-neonazisci-z-poludniowej-polski-aktywni-za-przyzwoleniem-wladz/, accessed: 02.01.2018. 12 Electronic source: https://www.wprost.pl/kraj/107567/ABW-wykryla-neofaszystowskie- materialy-i-instrukcje-zamachow.html, accessed: 02.01.2018.

Internal Security, January–June 275 Justyna Jurczak terms are commonly used interchangeably also misdefined in the context of a different form of bias and hate-motivated incidents. Thus, a brief characteristic is indicated. ‘Discrimination’ seems to be the most capacious and complex term, at the same time there is no universal definition of this phenomenon and that raises a number of doubts13. There are various types of discrimination e. g. indirect and direct discrimination14. However, the article 32 of the Constitution of the Republic of Poland clearly states that „all persons shall be equal before the law and (…) have the right to equal treatment by public authorities”. Also, it underlines that “no one shall be discriminated against in political, social or economic life for any reason whatsoever”15. Broadly, discrimination refers to the unfair or unequal treatment of an individual or group based on certain characteristics such as age, skin colour, disability, ethnicity, sexual orientation, gender, religion and other16 and it is based on the unjust or prejudicial treatment of different categories of humans in the same position17. The Pocket Oxford Dictionary and Thesaurus provide also a synonym for discrimination that is intolerance18. Being no tolerant of views, beliefs or behaviour differing from one’s own may lead to discrimination19 and more — to hate speech or hate crimes20. According to Immanuel Wallerstein — American sociologist — there are two main forms of discrimination: racism and xenophobia and the first one is far more concrete when pointing widely understood differences. In his opinion xenophobia (gr. phóbos — fear) is a phenomenon “as old as a mankind”21 and it is based on a fear and hatred of strangers or foreigners or of anything that is strange or foreign22. Racism — is the belief in the superiority of one race over another, which again may result in discrimination and prejudice towards people based on their race or ethnicity. The term itself was widely used in the mid-19th century, scientifically described just before World War II, over the years it was modified and to this day

13 Electronic source: h t t p : / / w w w . b e z u p r z e d z e n . o r g / d y s k r y m i n a c j a / a r t . p h p ? a r t = 1 2 & t e k s t =t e k s t , a c c e s s e d : 3 0 . 0 7 . 2 0 1 3 . 14 See more: Zawidzka — Łojek A., Zakaz dyskryminacji ze względu na wiek w prawie Unii Europejskiej. Warsaw 2013, pp. 48–57 also Podręcznik europejskiego prawa o niedyskryminacji, FRA, 2010, pp. 24–33. 15 Electronic source: http://www.sejm.gov.pl/prawo/konst/angielski/kon1.htm, accessed: 25.06.2018. 16 Electronic source: http://encyklopedia.pwn.pl/szukaj.html?module=lista&co=&search= dyskryminacja&x=0&y=0, accessed: 30.07.2013. 17 Curzon L. B, Dictionary of law. Harlow 2002, p. 135. 18 The Pocket Oxford Dictionary and Thesaurus. New York — Oxford, 1997, p. 213. 19 Przestępstwa z nienawiści. Materiał pomocniczy dla trenera. Ministerstwo Spraw Wewnętrznych, Komenda Główna Policji. Warsaw 2010, p. 30. 20 Gerstenfeld P. B, Hate Crimes. Causes, Control and Controversies. Thousand Oaks, 2004, pp. 29–45. 21 Ostrowski Ł, Mowa o rasizmie. Pojęcie rasizmu we współczesnej polskiej prasie antyfaszystowskiej i skrajnie nacjonalistycznej. Warsaw 2009, p. 93. 22 Ryłko E, Jak mówić o przestępstwach z nienawiści?, [in:] Przemoc motywowana uprzedzeniami…, op. cit., p. 12.

276 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I there is no clear and unequivocal definition of it23. However, there are few features that distinguish it from other synonymous terms. Racism is known as the ideology that humans may be divided into separate and exclusive biological entities — races — and that there is a causal link between inherited physical traits and traits of personality, intellect, morality, and other cultural and behavioural characteristics. What is more, without any scientific basis there is a belief that some races are innately superior to others24. Also, since the late 20th century the notion of biological race has been recognized more as a cultural invention25. To conclude — intolerance may result in discrimination, either racial or based on any other characteristic mentioned above, and that eventually may lead to uncontrolled hate speech and crimes motivated by bias. When it comes to numbers of hate crimes and hate speech in Poland there are various reports and research data available and provided both by governmental and non-governmental organizations, including international ones. However, there is no possibility to compare them as there are no official guidelines on hate crime recording. Police and prosecutors have their own data, non-governmental organizations usually include in their statistics any incident of bias nature. However, the trend itself seems to be growing. There is regular media news on hate-motivated incidents: in Bydgoszcz, in December 2016 three students from Turkey and Bulgaria were cursed at by two young men on a tram. They were told to get out of the country because ‘Poland is for Poles’26. In Torun, in March 2017 a young Turk was cursed at and badly beaten. Two other students were forced to their knees in a bar at the behest of the owner. They had to “apologize” for being Muslim and not Christian27. In June 2017 the case of a Muslim student from Berlin, who was spat on a street in Lublin was widely discussed in media. The offended student reported that Police simply laughed and trivialized the attack when she asked for help28. The Monitoring Centre on Racist and Xenophobic Behaviour, Poland’s independent anti-racism nongovernmental organization reports that some attacks were even directed against Poles that were thought to be Arab because of their “southern appearance”29. Based on the data collected by ‘NEVER AGAIN’ Association from 1987 to 2012 there were 3 265 hate-motivated acts registered in Poland. A significant increase was noted in 2009–2010: there were 400 cases and 600 two years later. The count rose to 850 in 2013, and it doubled by 2015. Summarizing, the number of attacks

23 Ostrowski Ł, op. cit., p. 19. 24 Electronic source: https://www.britannica.com/topic/racism, accessed: 12.01.2018. 25 Ostrowski Ł, op. cit., p. 103. 26 Electronic source: ht t p : / / w w w . p o m o r s k a . p l / w i a d o m o s c i / b y d g o s z c z / a / j e s t - w y r o k - 1 8 - m i e s i e c y - p r a c - s p o l e c z n y c h - z a - r a s i s t o w s k i - a t a k - n a - s t u d e n t o w - w - b y d g o s z c z y - w i d e o , 1 1 8 3 5 8 04, a c c e s s e d : 0 1 . 1 2 . 2 0 1 7 . 27 Electronic source: https://www.tvn24.pl/pomorze,42/torun-wyrok-za-rasistowski-atak- w-barze,726080.html, accessed: 01.12.2017/. 28 After all, the prosecutor’s office initiated proceedings over both attacks. Electronic source: h t t p s : / / w i a d o m o s c i . w p . p l / e m i g r a n c k i e - d z i e c i - z - b e r l i n a - p o n i z a n e - i - o p l u w a n e - w - p o l s k i c h - m i a s t a c h - u j a w n i a - w i r t u a l n a - p o l s k a - p o l i c j a n c i - n a s - w y s m i a l i - 6 1 3 7 5 4 2 2 0 4 2 3 7 9 5 3 a , accessed: 01.12.2017. 29 Ibid.

Internal Security, January–June 277 Justyna Jurczak recorded by “NEVER AGAIN’ Association since 2000 has gone up by a factor of ten30. There were also interesting reports provided by the Centre for Research on Preju- dice at the Warsaw University31. The Centre carried a two-round research — in 2014 and 201632 — in order to set a scale of hate speech and hate-motivated crimes in Poland, as well as social impact assessment and — if possible — who the offenders and victims are. According to research results in 2016 hate speech in Poland was directed mostly towards immigrants, Muslims in particular, and gay people, particularly via Internet33. In 2014 — 2016 the number of people that experienced hate speech, either as a victim or a witness, increased significantly34. For the purpose of this article, the author refers to official data recorded by the Police. As any offences committed against people because of their racial, national, ethnic or religious background are classified as hate crimes, Police officers are required to establish whether the perpetrator was acting out of bias motivation. Bias indicators such as behaviour and statements during the act, circumstances of the crime and characteristics and circumstances connected with the victim are used to determine the motive35. Every year ODIHR presents consistent and reliable information from 57 participating States, civil society organizations and inter-governmental organizations on hate crimes, notable incidents and policy responses. Much of the information and data presented has been provided by National Points of Contact on Hate Crimes (NPCs), appointed by the governments of OSCE participating States36. Table 1 presents data

30 Sieradzka M, Poland: Racism on the rise, Deutsche Welle (DW), published online: 17.12.2016. Electronic source: http://www.dw.com/en/poland-racism-on-the-rise/a-36812032, accessed: 01.12.2017. 31 The Center conducts basic research supported by the Ministry of Science and Higher Education grants, Faculty of Psychology statutory funds, and international research grants — and applied studies which are realized in cooperation with non-governmental organizations such as the Forum for Dialogue Among Nations, the Foundation for the Preservation of Jewish Heritage in Poland, and the Museum of the History of Polish Jews. One of the core activities of the Center comprises the annual Polish Prejudice Survey, a multifaceted, representative- sample study of attitudes toward ethnic, national, and social minorities in Poland. Electronic source: http://cbu.psychologia.pl/en/about-us, accessed: 15.01.2018. 32 See more about the research methods: Mowa nienawiści, mowa pogardy. Raport z badania przemocy werbalnej wobec grup mniejszościowych. Warsaw 2017, also Bilewicz M, Marchlews- ka M, Soral W, Winiewski M, Mowa z nienawiści. Raport z badań sondażowych. Warsaw 2014. 33 Winiewski M, Hansen K, Bilewicz M, Soral W, Świderska A, Bulska D, op. cit., p. 5 and pp. 27–30. 34 Ibid., pp. 34–37. 35 Special coordinators at both the central (the National Hate Crime Coordinator in Crimi- nal Bureau of the General Police Headquarters) and local levels (in every Regional Police headquarters and in the Metropolitan Police Headquarters) are responsible for the prevention and investigation of hate crimes, as well as for compiling the data from their district and reporting them monthly to the National Police Information System (KSIP). Hate crimes are flagged on the incident form as well as in the police force’s electronic database. Monthly reports are forwarded to the Ministry of the Interior and Administration. The same structure is also used to monitor hate speech incidents, which are crimes under the Polish Penal Code. However, these can be separated in the reporting. Data from the Police are available on request. 36 Electronic source: http://hatecrime.osce.org/what-do-we-know/our-methodology, accessed: 02.01.2018.

278 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I on hate crimes in Poland in 2012–2016 based on OSCE ODIHR Hate Crime Reporting data published online each year starting from 201237. According to Police statistics, the number of crimes motivated by racist or xenophobic sentiment has multiplied four- fold since 2012. In 2016 there were officially almost 900 incidents of this type recorded. According to the Police, it is a 0,1 percent of all recorded crimes in Poland in 201638. Also, these types of crimes were detected in 2016 in 46 percent of all recorded cases39.

Table 1. The number of hate crimes in Poland in 2012–2016 by recording, prosecution and sentencing

Year Recorded by the Police Prosecuted Sentenced 2016 874 221 236 2015 263 229 195 2014 778 179 127 2013 757 116 53 2012 266 76 39

Source: http://hatecrime.osce.org/poland

The numbers presented above refers to Police investigations initiated in Poland as hate crimes — each year the number is growing40. However, over the years ODIHR received two sets of data as there were no general guidelines on hate crime recording in Poland. Within 2012–2014 Police provided the overall data on hate crimes disaggregated by type of crime, but not by bias motivation while the Min- istry of Interior data was provided inversely. Starting from 2015 hate crime cases recorded by the Police were disaggregated from offences related to hate speech or different form of discrimination that was not the case in previous years (that explains the drop in the total number of cases recorded by the Police). Also, the European Commission against Racism and Intolerance41 permanently conducts country-by-country monitoring work in the field of racism and intolerance and if needed draws up suggestions in this matter. Such monitoring takes place in 5-year cycles. Last “ECRI Report on Poland (5th monitoring cycle)” was published in June 2015. ECRI’s working methods involve documentary analyses from a wide

37 Hate crime data is collected by the Department of Control, Complaints and Petitions of Ministry of the Interior, the General Police Headquarters, the Internal Security Agency, the Preparatory Proceedings Office of the General Prosecutor’s Office, the Ministry of Justice, the Institute of National Remembrance — General Commission for the Prosecution of Crimes against the Polish Nation and the Ombudsman’s Office. A detailed description of how hate crime data was collected — electronic source: http://hatecrime.osce.org/poland, accessed: 02.01.2018. 38 Electronic source: h t t p s : / / w p o l i t y c e . p l / s p o l e c z e n s t w o / 3 0 8 4 7 3 - m s w i a - u s p o k a j a - p r z e s t e ps t w a - z - n i e n a w i s c i - s t a n o w i a - z n i k o m y - p r o c e n t , accessed: 15.01.2018. 39 Ibid. 40 Electronic source: http://statystyka.policja.pl/st/kodeks-karny/przestepstwa-przeciwko- 13/63613,Publiczne-propagowanie-faszyzmu-nawolywanie-do-nienawisci-art-256.html, accessed: 02.01.2018. 41 Electronic source: https://www.coe.int/t/dghl/monitoring/ecri/default_en.asp, accessed: 15.01.2018.

Internal Security, January–June 279 Justyna Jurczak variety of sources, a study visit and a confidential dialogue with state authorities. Although there are no number data included in the report, in the author’s opinion it is worth refer to some points of concern included in the report in hate crime and hate speech context. For example, ECRI points out that “hate speech on the Inter- net has found a new target in Muslim community (…) the existence of nationalist groups remain a problem — although few in number, they are becoming constantly more numerous (…) these nationalist groups join forces with football supporters’ associations or other European extremist movement to disrupt various events”42. Also, despite initiatives taken by the state agencies e. g. by the Prosecutor General “the number of complaints, preparatory proceedings and indictments is increasing, but not the number of convictions, thus heightening the impression in Polish civil society that the authorities are not fully committed to combating these scourges”43. To sum up — according to research results presented by researchers from the Centre for Research on Prejudice, as there is more hate speech in social life, more people are acquainted with it and do not take it as a serious and actual social problem (a phenomenon of desensitization)44. What is more, each year with the growing number of hate speech incidents, more people take it as an acceptable behaviour what in a result may allow them to use it in the future with no respect to any social norms45. An interesting fact is also that in Poland hate speech is based more on a contempt, rather than hatred itself. On the other hand it seems there is no official (or not strong enough) reaction from Poland’s government and its law enforcement agencies such as Police to hatred behaviour that is on the rise today46. Both public and governmental lack of response to hate-motivated incidents can be considered as an acceptance for such behaviour. That is an unacceptable situation, whether it concerns football stadiums, city streets or any other public places. Unlimited hate speech and dissemination of extreme ideologies might cause further political, racial and religious offences and crimes, and in extreme cases, it may lead to a terror directed against the whole communities. The Police role in this context is indisputable. As the state force Police are obliged to protect human life and health as well as to protect public safety and order, also to prevent, investigate and combat different forms of crimes. It is clearly stated in several legal acts that assuring public safety and order is the domain of Police with the involvement of other law enforcement agencies. Thus, the main aim of this article was to diagnose Polish police officers’ skills, knowledge and qualification while preventing, investigating and combating incidents and crimes motivated by bias. By describing their competences47 in this field, it would be possible

42 ECRI Report on Poland (5th monitoring cycle). Strasbourg 2015, p. 9. 43 Ibid. 44 Ibid. pp. 6–7. 45 Ibid. p. 7. 46 Flückiger P, Poland’s government stays silent as xenophobia worsens, Deutsche Welle (DW), published online: 02.08.2017. Electronic source: h t t p : / / w w w . d w . c o m / e n / p o l a n d s - g o v e r nm e n t - s t a y s - s i l e n t - a s - x e n o p h o b i a - w o r s e n s / a - 3 9 9 4 1 0 4 2 , accessed: 01.12.2017. 47 The competence is the quality of being competent; possession of required skill, knowledge, qualification, or capacity. See more: Electronic source: http://www.dictionary.com/ browse/competence, accessed: 08.12.2017 also https://www.merriam-webster.com/dictionary/competence, accessed: 08.12.2017.

280 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I to decide if they are able to identify basic terms and symbols of hate, also if the current training in this field is efficient enough or should be improved/modified in order to establish required competence to correctly recognize any bias indicators during the proceeding. Bias indicators such as offenders’ behaviour, statements during the act, circumstances of the crime and characteristics and circumstances connected with the victim are used to determine the motive and are crucial for a further procedure and legal qualification. As stated in “Racism in Poland. Report on Research Among Victims of Violence with reference to National, Racial or Ethnic Origin” published by the Helsinki Foundation for Human Rights” the most frequently cited reason for not reporting racist crime is the belief that police are ineffective (...) respondents described shortcoming’s in officers’ skills and attitudes: (...) a disrespectful attitude towards foreigners, insensitivity towards racism, avoiding taking any action and inefficacy (...) Interviewees reported the officers were not interested in hearing their case, were rude and treated them in a disrespectful way. Several interviewees claimed police officers did not treat racist aspects of the case seriously”48. Thus, a scientific research in this matter was required.

Hate-related terms and symbols identifi cation — research results

The competence is the quality of being competent; the possession of required skills, knowledge, qualification. The starting point of the undertaken research was to diagnose Polish police officers’ knowledge in the field of hate crimes. The research problem was to establish whether they are able to identify and differ basic terms and symbols of hate such as racism, discrimination, intolerance, xenophobia and hate speech. The proper knowledge defines the Police practice while preventing, investigating and combating hate-motivated incidents and surely influences its effectiveness. Detailed research results are presented in table 2.

Table 2. The correctness of hate-related terms identifi cation

No. Term/Response Correct Incorrect No response In total 1. Racism 265 (33%) 499 (63%) 31 (4%) 795 (100%) 2. Discrimination 233 (30%) 530 (66%) 32 (4%) 795 (100%) 3. Intolerance 399 (50%) 362 (46%) 34 (4%) 795 (100%) 4. Xenophobia 423 (53%) 338 (43%) 34 (4%) 795 (100%) 5. Hate speech 484 (61%) 276 (35%) 35 (4%) 795 (100%) 6. AVERAGE 361 (45%) 401 (51%) 33 (4%) 795 (100%) Source: author’s research.

48 Mikulska A, Racism in Poland. Report on Research Among Victims of Violence with reference to National, Racial or Ethnic Origin, Helsinki Foundation for Human Rights. Warsaw 2010, pp. 42–44.

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According to research results an average percent of correct responses when it comes to identification of terms such as racism, discrimination, intolerance, xenophobia and hate speech was 45 percent. More than half of all respondents — 51 percent — provided an incorrect answer to this question. There were also 4 percent of them who didn’t give any response. The term identified with the greatest correctness — 61 percent — was hate speech, then xenophobia — 53 percent respondents provide correct answer — and intolerance — 50 percent. The greatest difficulties were noted with discrimination — 63 percent — and racism — 63 percent of incorrect answers. What is more, an average percent of 58 respondents with secondary education and 52 percent with higher education replied incorrectly to this question. Also, according to research results an average of 66 percent Police officers who were on duty between 5 and 14 years had the greatest difficulties responding to this question, however they were 38 respondents in number while those in service up to 4 years answered incorrectly in average percent of 54 (372 respondents). There were no clear differences in relation to Police unit and Police rank declared by respondents — an average of 55 percent of respondents from each Police unit answered incorrectly, as well as 60 percent of officers with both lower and higher Police rank. Taking into account respondents’ sex — over 50 percent of women and 44 percent of men replied correctly. Detailed research when it comes to the accuracy of identified terms was also carried. The data concerning racism, discrimination, intolerance, xenophobia and hate speech is presented in tables 3 — 7.

Table 3. The accuracy of “discrimination” term identifi cation

No. Term Discrimination Incorrect Correct No response In total 1. Response 530 (66%) 2. Discrimination incorrectly identified as: 164 a) Racism (31%) 233 32 795 168 b) Intolerance (33%) (4%) (100%) (32%) 105 c) Xenophobia (20%) 93 d) Hate speech (17%)

Source: author’s research.

According to research results presented in table 2 “discrimination” term was the one recognized incorrectly by most respondents — 66 percent of all. Only 1/3 of them identified it correctly. “Discrimination” was mainly identified as intolerance — 32 percent — and racism — 31 percent. There were also 20 percent of answers saying it is xenophobia and 17 percent — hate speech. The other term that caused a lot of problems was racism — detailed description in table 4.

282 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I

Table 4. The accuracy of “racism” term identifi cation

No. Term Racism Incorrect Correct No response In total 1. Response 499 (63%) 2. Racism incorrectly identified as: 418 a) Discrimination (84%) 22 265 31 795 b) Intolerance (4%) (33%) (4%) (100%) 37 c) Xenophobia (7%) 22 d) Hate speech (4%)

Source: author’s research.

“Racism” term was correctly identified only by 33 percent of respondents. Over 80 percent of all incorrect answers identified racism as discrimination, 7 percent as xenophobia and 4 percent of respondents recognized it as intolerance and hate speech. Respondents declared slightly fewer difficulties while defining “intolerance” and “xenophobia” — ca. 50 percent of them recognized it correctly. Specific research results are presented in table 5 and 6 accordingly.

Table 5. The accuracy of “intolerance” term identifi cation

No. Term Intolerance Incorrect Correct No response In total 1. Response 362 (46%) 2. Intolerance incorrectly identified as: 32 a) Discrimination (9%) 70 399 31 795 b) Racism (19%) (50%) (4%) (100%) 153 c) Xenophobia (42%) 107 d) Hate speech (30%)

Source: author’s research.

“Intolerance” was correctly identified by half of all respondents. There were 362 of them who identified it incorrectly — in 153 cases as xenophobia (42 percent of all incorrect answers), in 107 cases (30 percent) as hate speech, there were also 70 answers (19 percent) recognizing it as racism and 32 (9 percent) as discrimination.

Internal Security, January–June 283 Justyna Jurczak

Table 6. The accuracy of “xenophobia” term identifi cation

No. Term Xenophobia Incorrect Correct No response In total 1. Response 338 (43%) 2. Xenophobic incorrectly identified as: 45 a) Discrimination (13%) 109 31 795 b) Intolerance 423 (53%) (32%) (4%) (100%) 129 c) Racism (38%) 55 d) Hate speech (17%)

Source: author’s research. Table 6 presents research results on “xenophobia”. Out of all respondents, 43 percent recognized it incorrectly. Mostly it was taken as racism — 38 percent of responses, also intolerance — 32 percent, whilst 17 percent identified it as hate speech and 13 percent as discrimination. The next table present research on hate speech identification. This term was defined correctly by 61 percent of all respondents — that was the highest percentage of all identified terms.

Table 7. The accuracy of “hate speech” term identifi cation

No. Term Hate speech Incorrect Correct No response In total 1. Response 276 (35%) 2. Hate speech incorrectly identified as: 32 a) Discrimination (12%) 61 35 795 b) Intolerance 484 (61%) (22%) (4%) (100%) 41 c) Xenophobia (15%) 142 d) Racism (51%)

Source: author’s research. According to research results, 35 percent of all respondents incorrectly recognized “hate speech” term. More than half of them defined it as racism (51 percent), and intolerance (22 percent). Also, hate speech was recognized as xenophobia (15 percent) and discrimination (12 percent). Referring to available literature and the research results presented above it should be clearly underline that — although all described terms are related — Police officers had difficulties with correct identification and sharp distinction

284 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I between them. Insufficient knowledge in this field, not knowing specific definition of each term may result in less effective/ineffective practice while preventing, investigating and combating hate-motivated incidents by Police. To verify above, the questionnaire contained also an additional question on the accuracy of selected symbols of hate identification. Those symbols are commonly presented by various radical movements and promote racism — the Celtic Cross49, white supremacy — the Triskele and Nazism50 — the SS-Totenkopf51. Research results are presented in table 8.

Table 8. The accuracy of selected hate symbols (the Celtic Cross, the Triskele, the SS- Totenkopf) identifi cation

No. Terms/Response Correct Incorrect No response In total Racism — 1. 276 (34%) 474 (60%) 45 (6%) 795 (100%) the Celtic Cross Nazism (neo-Nazi) 2. 146 (18%) 606 (77%) 43 (5%) 795 (100%) — SS-Totenkopf White supremacy 3. 87 (11%) 663 (83%) 45 (6%) 795 (100%) — the Triskele 4. AVERAGE 170 (21%) 581 (73%) 44 (6%) 795 (100%)

Source: author’s research.

49 Celtic Cross also known as Odin Cross: a major racist symbol. Originally it was used by the Celts of ancient Ireland and Scotland, also used as a Christian symbol. First popularized by the Ku Klux Klan, the symbol was later adopted by the National Front in England and other racists groups. Nowadays Celtic Cross is used widely in many mainstream and cultural contexts. It represents the international white pride movement and neo-Nazis groups, but it is important to note that only with other slogans or logos of extremism. It is also used as an alternative to the swastika. It is one of the most popular hate symbols which appears on polish stadiums. See more: Jurczak J, Chuligaństwo stadionowe. Symbole i gesty na polskich stadionach. Szczytno, 2011, p. 38. 50 The Triskele also known as Triskelion or Three-Bladed Swastika or Flowering Power: the Triskele is an ancient symbol used widely in pre-Christian Europe. An abstracted triskelion appears on the seal of the United States Department of Transportation. The version of the Triskele that looks like three ‘sevens’ spiraling from a common center is often used as a variation on the swastika. Also, it was a symbol used by the Nazi regime, most notably as the insignia for Waffen-SS division. After The Second World War, the Triskele was popularized by white supremacists in Europe and South Africa. Afrikaner Resistance Movement used it as its flag, claiming that the three ‘sevens’ symbolized supremacy over the devil, which was frequently represented by ‘666’. Today it is popular among neo-Nazi groups and racist skinheads. This symbol is used as a part of the logo of Blood & Honour. It is important to note that there are also other versions of the Triskele which are used in a non-racist context. They may frequently be seen in Celtic jewelry, artwork, and in other similar contexts. See more: Ibid. p. 48. 51 The Skull and Crossbones also known as Totenkopf or Death Head: Symbol of the neo-Nazi and racist skinheads, shows allegiance to white supremacists movement. Originally it was the symbol of one of the original three branches of the SS- SS- Totenkopf whose purpose was to guard the concentration camps. Most of the original members of this organization were later transformed into a Waffen SS division, the Death Head Division. This symbol is often seen as a tattoo, which sometimes indicates that its wearer has murdered one of the movement enemies. It is used by members of Combat 18. See more: Ibid. p. 45.

Internal Security, January–June 285 Justyna Jurczak

Based on the research results it should be stated that Polish Police officers are not able to properly identify selected symbols of hate. The vast majority of respondents — almost 80 percent — either did not answer to this question (6 percent) or their response was incorrect (73 percent). Only 21 percent of interviewees identify it with accuracy. According to undertaken research the Triskele was the symbol that caused a lot of problems while identifying it — 83 percent of incorrect responses, then the SS-Totenkopf symbol — 77 percent and last — the Celtic Cross — 60 percent52. A detailed analysis of respondents’ characteristic was also conducted. Over ¾ of all respondents (79 percent) who declared either higher or secondary education replied incorrectly to this question. Irrespective of years in Police service, the same percentage of respondents — 79 — did not answer correctly. Also, 75 percent of respondents with higher Police rank and 82 percent with lower rank had problems while identifying these symbols. An average of 19 percent of women and 22 percent of men replied correctly. In tables 9–11 detailed data on selected symbols identification is presented.

Table 9. The accuracy of the Triskele symbol identifi cation

No. Term The Triskele Incorrect Correct No response In total 1. Response 663 (83%) The Triskele incorrectly identified 2. as a symbol of: 45 795 87 (11%) 326 (6%) (100%) a) Racism (49%) 337 b) Nazism (neo-Nazi) (51%)

Source: author’s research.

The Triskele also known as Triskelion or Three-Bladed Swastika or Flowering Power is the most famous white supremacy symbol. Only 11 percent of interviewees recognized it correctly. Out of 663 officers who did not, 337 identified it as the neo-Nazi symbol (51 percent) and 326 of them as racial one (49 percent).

52 During the research the author decide to select the most common symbols that appeared on Polish football stadiums (according to research conducted in 2010). However, it should be emphasized that there is no classification or common hate-symbol taxonomy. Each symbol may have various meaning and the context of its usage is the crucial point while identifying.

286 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I

Table 10. The accuracy of the SS-Totenkopf symbol identifi cation

No. Term The SS-Totenkopf Incorrect Correct No response In total 1. Response 606 (77%) The Triskele incorrectly identified 2. as a symbol of: 146 43 795 148 a) Racism (18%) (5%) (100%) (24%) White 458 b) Supremacy (76%)

Source: author’s research.

Respondents who incorrectly recognized the symbol of the SS-Totenkopf (77 percent of all responses) mainly mistook it as a symbol of white power movement (white supremacy) — 76 percent. Also, 24 percent responded that this was a symbol that promotes racism.

Table 11. The accuracy of the Celtic Cross symbol identifi cation

No. Term The Celtic Cross Incorrect Correct No response In total 1. Response 474 (60%) The Triskele incorrectly identified 2. as a symbol of: 276 45 795 205 (34%) (6%) (100%) a) White Supremacy (43%) 269 b) Nazism (neo-Nazi) (57%)

Source: author’s research.

The next symbol — the Celtic Cross or the Odin Cross — was correctly identified by 34 percent of all respondents. However, 60 percent did not recognize it properly — 57 percent declared that this was the symbol of Nazism and 43 percent charac- terized it as a symbol of white pride movement. Bas ed on the survey results described above numerous difficulties related to correct identification of hate terms and symbols by Police officers can be indicated. Undoubtedly diagnosed lack of specific knowledge (or insufficient knowledge based on e. g. only stereotypes), skills and qualification may result in problems with proper classification of hate content and low Police effectiveness while preventing, investigating and combating hate-motivated incidents in Poland.

Internal Security, January–June 287 Justyna Jurczak

The other matter is Police officers’ personal attitude towards hate crime victims and other minorities most at risk of hate crimes. Despite any personal beliefs, being a Police officer it is unacceptable to underestimate any kind of hate-motivated acts. Such statement is underlined in the literature by many authors such as e. g. Robin Oakley who clearly expresses that even though there are existing procedures and legal basis that oblige the Police to conduct investigation and collect evidence of bias, in practice it often dep ends on their understanding of those specific kinds of crimes, also awareness and motivation53. Also, according to the Nat ional Police Chief representative on Human Rights Protection, nowadays Police officers — living in diverse communities — must perform their duties based on knowledge and objectivity, not stereotypes. It has become indisputable that Police response to hate crime and further investigation depends not completely on gained knowledge, but also on their personal beliefs, behaviour, social background, education also personality54. At the same time he underlines that anti-discrimination education should be provided at the very lowest level of education, starting from primary schools, not the Police itself55. According to research results in daily Police practice, there are numerous problems while responding and investigating hate crimes, also recognizing hate symbols and other content of bias nature. Finding out the reasons for inadequate Police response (or lack of response) to such incidents was also part of the research. Results are presented in table 12.

Table 12. Reasons for inadequate or lack of Police offi cers’ response to hate-motivated incidents and hate speech

No. Response Number of responses In percentage* 1. Belittle of hate-motivated incidents 171 21,5% 2. Lack of detailed knowledge 131 16% Investigation barriers and problems 3. 189 24% with evidence gathering No clear and unequivocal policy 4. presented by various law enforcement 588 74% agencies, also courts 5. Other 18 2% 6. No answer 3 0,5% * More than one answer could be selected, thus percentage do not sum to 100%

Source: author’s research.

53 See more: Oakley R, Przeciwdziałanie przemocy rasowej i ksenofobii w Europie. Przegląd zagadnień i przewodnik praktyczny, Departament ds. Migracji i Uchodźstwa MSWiA. Warsaw, 1997, p. 44, also: Oakley R, Policing racist crime and violence. A comparative analyses, Euro- pean Monitoring Center on Racism and Xenophobia, 2005. 54 Łaszkiewicz K, Działania policji wobec ofiar przestępstw motywowanych nienawiścią i uprzedzeniami — filozofia i praktyka, [in:] Mazowiecka L (Ed.), Ofiary przestępstw z nienawiści. Warsaw, 2013, p. 29. 55 Ibid., p. 30.

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As for 74 percent of respondents, the main reason of inadequate Police response (or lack of response) to hate-motivated incidents was the lack of clear policy, unequivocal statements and court judgements in such cases. Also, 24 percent of them declared that there are serious investigation barriers and problems with evidence collection in these cases. Over 21 percent responses pointed that Police officers’ belittle and underestimate these kinds of acts. The lack of specific knowledge in hate crimes and hate speech was declared by 16 percent of respondents. However, in author’s opinion, all reasons described above have their background in various law enforcement training courses in this field — there is either no training or ineffective one (that might be caused by many different factors e. g. organiza- tional or methodological). Thus, there were additional questions formulated in the questionnaire that referred to hate crime training conducted for the Police needs. Conclusions both with comprehensive problem description will be presented in the second part of the article.

References

1. Bilewicz M, Marchlewska M, Soral W, Winiewski M, Mowa z nienawiści. Raport z badań sondażowych. Warsaw, 2014. 2. Curzon L, B, Dictionary of law. Harlow, 2002. 3. ECRI Report on Poland (5th monitoring cycle). Strasbourg, 2015. 4. ECRI Report on Poland (7th monitoring cycle). Strasbourg, 2016. 5. Gerstenfeld P, B, Hate Crimes. Causes, Control and Controversies. Thousand Oaks, 2004. 6. Jurczak J, Chuligaństwo stadionowe. Symbole i gesty na polskich stadionach. Szczytno, 2011. 7. Jurczak J, Działalność Policji wobec zjawiska stadionowej mowy nienawiści. Warsaw, 2015. 8. Lipowska — Teutsch A, Ryłko E. (Eds.), Przemoc motywowana uprzedzeniami. Przestępstwa z nienawiści. Kraków, 2007. 9. Mazowiecka L (Ed.), Ofiary przestępstw z nienawiści. Warsaw, 2013. 10. Mikulska A, Racism in Poland. Report on Research Among Victims of Violence with reference to National, Racial or Ethnic Origin, Helsinki Foundation for Human Rights. Warsaw, 2010. 11. Oakley R, Policing racist crime and violence. A comparative analyses, European Monitoring Center on Racism and Xenophobia, 2005. 12. Oakley R, Przeciwdziałanie przemocy rasowej i ksenofobii w Europie. Przegląd zagadnień i przewodnik praktyczny, Departament ds. Migracji i Uchodźstwa MSWiA. Warsaw, 1997. 13. Ostrowski Ł, Mowa o rasizmie. Pojęcie rasizmu we współczesnej polskiej prasie antyfaszystowskiej i skrajnie nacjonalistycznej. Warsaw, 2009. 14. Podręcznik europejskiego prawa o niedyskryminacji. FRA, 2010. 15. Przestępstwa z nienawiści. Materiał pomocniczy dla trenera, Ministerstwo Spraw Wewnętrznych, Komenda Główna Policji. Warsaw, 2010. 16. The Pocket Oxford Dictionary and Thesaurus. New York — Oxford, 1997.

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17. Wilson V, T, Mabrey, D J, Intelligence in a Plain View: Symbols, Logos, Markings and Non-Verbal Clues Suggesting Involvement in Domestic Extremism, Ilegal Gangs, and Illegal Drugs Activities. Texas, 2005. 18. Winiewski M, Hansen K, Bilewicz M, Soral W, Świderska A, Bulska D, Mowa nienawiści, mowa pogardy. Raport z badania przemocy werbalnej wobec grup mniejszościowych. Warsaw, 2017. 19. Zawidzka — Łojek A, Zakaz dyskryminacji ze względu na wiek w prawie Unii Europejskiej. Warsaw, 2013.

About the author

Justyna Jurczak, doctor of social science in the fi eld of internal security. She is an academic teacher and researcher at the Institute of Prevention Service, the Faculty of Internal Security at the Police Academy in Szczytno, Poland. Her main areas of scientifi c interest are football hooliganism in the context of hate speech and hate crimes, racism and other xenophobic behaviours, as well as mass event security issues, particularly in relation to police commanding. She is the author of several publications in this fi eld.Correspondence: Police Academy in Szczytno, Pilsudskiego 111 St., 12–100 Szczytno, Poland. E-mail: [email protected].

Streszczenie. Artykuł podzielony został na dwie części. Podejmuje on problematykę przestępstw popełnianych z nienawiści i odnotowanych w Polsce w latach ubiegłych w kontekście skuteczności działania Policji w zakresie zapobiegania, wykrywania i zwalczania tych przestępstw. Odwołując się do dostępnych danych w tym zakresie stwierdzić należy, że w Polsce zjawisko ekstremizmu nie występuje w znaczącej skali, dużym problemem jest jednak narastająca systematycznie liczba przestępstw i mowy nienawiści, które w perspektywie czasu przerodzić się mogą w zagrożenia dla bezpieczeństwa i porządku publicznego. Podnoszenie świadomości i uwrażliwianie społeczeństwa na tego typu akty to rola szeregu kampanii społecznych, jednak nie mniej istotne jest stanowisko prezentowane przez organy odpowiedzialne za zapewnienie i utrzymanie bezpieczeństwa, w tym głównie Policję. Głównym celem niniejszego opracowania było omówienie charakterystycznych dla zjawiska przestępstw z nienawiści cech, ustalenie skali zjawiska w Polsce, a także diagnoza umiejętności, wiedzy i kwalifikacji funkcjonariuszy Policji w tym zakresie wraz z jakościową analizą dostępnych programów szkolenia odwołujących się do przedmiotowej problematyki. W oparciu o wyselekcjonowane celowo hasła związane z przestępstwami z nienawiści (rasizm, dyskryminacja, nietolerancja, ksenofobia i mowa nienawiści), a także wybranymi symbolami (Krzyż Celtycki, SS-Totenkopf i Trystyka) promującymi radykalne ideologie (część 1), przeprowadzono badania mające na celu ustalenie poprawności weryfikacji tychże treści przez respondentów — funkcjonariuszy polskiej Policji. Badania przeprowadzono przy użyciu zróżnicowanych metod, technik i narzędzi badawczych, zarówno teoretycznych, jak i empirycznych (część 2). Wykorzystano również wyniki i wnioski z badań przeprowadzonych przez autorkę w latach 2012–2014 na potrzeby pracy doktorskiej.

Резюме. Статья разделена на две части. В статье рассматриваются проблемы, связанные с совершением пре- ступлений на почве ненависти, зарегистрированных в Польше в предыдущие годы в контексте эффективности деятельности полиции в сфере предупреждения, расследования и борьбы с данного вида преступностью. Ссылаясь на имеющиеся данные следует отметить, что в Польше экстремизм не представляет собой значительной опасности, но большой проблемой является постоянный рост числа преступлений и риторики ненависти, которые со временем могут превратиться в угрозу общественной безопасности и порядку. Повышение осознания и бдитель- ности общества в связи с совершением данного вида преступлений — это роль многих социальных кампаний. Однако, не менее важным явялется точка зрения органов, отвечающих за обеспечение и охрану безопасности, в том полиции. Основная цель настоящей статьи — дать достаточно полную характеристику преступлений, совершаемых на почве ненависти, определить масштаб явления в Польше, а также навыки, знания и профессиональную подго- товку сотрудников полиции вместе с качественным анализом имеющихся учебных программ. На основе специально

290 Internal Security, January–June Police Competences’ in Preventing, Investigating and Combating Hate Crimes in Poland — Part I

избранных терминов, связанных с преступлениями на почве ненависти (расизм, дискриминация, нетолерантность, ксенофобия и ненависть), а также символов (Кельтский крест, «Мертвая голова» и Трискелион), пропагандирующих радикальные идеологии (часть 1 статьи), были проведены исследования с целью проверки правильности их понима- ния респондентами — польскими полицейскими. Исследование проводилось с использованием разного вида методов, техник и исследовательских инструментов, как теоретических, так и эмпирических (часть 2 статьи). Были исполь- зованы также результаты и выводы, полученные в ходе исследования, проведенного автором в 2012–2014 гг. в связи с подготовкой диссертации на соискание ученой степени кандидата наук. (mj)

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