All victims of hate crimes are entitled to receive protection and support provided by the State.

Croatian law presribes that victims of hate crimes should be protected and that perpetrators should be held accountable for their actions. Immediate help should be available to someone in danger, and structural assistance and legal help should be provided for victims.

Immediate response

The police force is a law enforcement institution which has a legal obligation to act if a person’s safety, health or life is in immediate danger. This also applies to the protection of a person’s property. Therefore, if your safety, health or life is endangered by a person who expresses bias towards you, you have the right to call the police (112) for your protection. It does not matter whether you are a victim, due to a hate crime already having been committed against you, or whether you feel threatened and endangered that a crime may be committed against you in future. In fact, police officers are the first to respond in most hate crimes.

Hate crimes are usually underreported, because people are too intimidated by the perpetrator to seek help or because they do not trust the responsible authorities. However, it is important that the authorities identify a potential case of hate crime, stop the perpetrator who has already committed the hate crime, and provide the required help to the victim or the person who feels in danger. Thus, any witness to a hate crime should report it by calling the Emergency Line on 112.

You can report criminal behavior to the police by calling 112, in person at the nearest police station or in writing. After reporting the incident to the police, you can request confirmation that the report has been submitted. After you report the incident to the police, the police will conduct a criminal investigation. If the police found grounds for criminal behavior, the file a criminal complaint to the state attorney or to the Misdemeanor Court for further proceedings.

Legal aid

The state does not have an automatic duty to provide you with free legal aid. In criminal proceedings and administrative offenses proceedings the state will bring action against the perpetrator. As a victim of hate crime, you can also participate in the proceedings as an injured party if you state before the police, the State Attorney's Office or the court that you want to participate in the proceedings as an injured party.

You may hire a lawyer at any stage of the proceedings. Your lawyer may be present every time you are required, or you choose, to participate in the proceedings.

In some circumstances, if you cannot afford a lawyer and you need legal aid to be able to exercise your rights and defend your interests effectively, can apply for free legai aid. 

You initiate the procedure for obtaining primary legal aid by directly contacting the provider of primary legal aid—an authorized association, legal clinic, county administrative authority or the City Office for General Administration of the City of Zagreb.

Aid after a hate crime

Victims may experience emotional or psychological trauma after a hate crime or they may want to seek more specialized help than the state can usually provide. Victims facing these needs can use the help of various non-governmental organizations working with specific social groups or providing specialized help.

What human rights violation may there be?

The risk that a violation of human rights may occur due to the failure of the police or other State authorities to ensure a victim’s safety, or their failure to prevent discrimination is possible as not every public official is trained in the procedures for performing in hate crime cases.

The State authorities must exercise due diligence to prevent, investigate and punish hate crimes in accordance with national legislation, whether those acts are perpetrated by state officials or by private individuals. Police failure to provide an adequate response to hate crimes may be considered to be a failure by the State to ensure safety for victims.

Resources

Last updated 09/04/2024