The threat to kill or seriously harm someone expressed in an online comment is sufficient evidence to suggest that such a threat could be carried out (see ECRI General Policy Recommendation No. 15 (GPR 15) or Recommendation CM/Rec(2022)16 of the Committee of Ministers of CoE on combating hate speech). On the other hand, the nature and form of such a threat deserve the attention of investigators and prosecutors, also because the sociological and social characteristics of the person making the threat are unknown. Identifying the person who made the threats would make it possible to assess the reality of that person’s intentions and the motivation for their actions.
Hate crimes and hate speech violate the fundamental principles of a democratic society—equality, dignity, and individuality. Such crimes show that a particular community or its members are undesirable, do not have the right to be full members of society, and may become targets of hate crimes. Hate crimes attack the characteristics of personal identity that are common to the entire community, thereby devaluing and belittling them. The negative emotional and psychological impact on individuals victims of hate crimes and hate speech is particularly significant and long-lasting, as it is felt not only by the direct victim, but also by the entire community sharing the identity trait that was the target of the criminal act.
Insufficient attention by law enforcement agencies to hate crimes and hate speech encourages individuals to reoffend and alienates the victim or group of victims from the community whose ties led to the commission of the crime. This divides society, promotes tension between different communities and their members, and poses a threat to the security of society as a whole. Therefore, hate crimes and hate speech must be prevented as quickly and effectively as possible. Effective criminal prosecution of hate crimes and hate speech promotes and protects democratic values.
ReLex stands on the side of vulnerable. “Under Lithuanian law, as well as international law, [online attacks] against our client should be prosecuted. This is especially true given that the threats, which were publicly voiced in the chat, included expressions such as “we’ll call the killers” and “people like her should disappear” – which in itself constitutes incitement to violence” commented ReLex managing partner Rytis Satkauskas in one of our recent hate crime cases.
An effective investigation means that it must be conducted without undue delay, that all possible measures must be taken to establish the circumstances of the crime and that those responsible must be punished (Balazs v. Hungary, application no. 15529/12). The pre-trial investigation must be impartial, and the investigating authorities and officials must not discriminate against the victim (Stoica v. Romania, application no. 42722/02).
The obligation to identify and establish a motive of hatred arises when there are even the slightest indications in the case that the perpetrator had a certain attitude towards the victim of the criminal offense (Nachova and Others v. Bulgaria, applications Nos. 43577/98 and 43579/98). The ECtHR has clarified that investigating authorities and officials who identify signs of bias indicators must take them into account (Balazs v. Hungary, application No. 15529/12).
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