Indicator history

Close Window

Is there legislation against racist and hate crime?

Code:
RED20
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
11/01/2012 - 02:10
Short Answer

Yes.

Qualitative Info

 The Criminal Code established a number of offences in this field. Article 138 of the Criminal Code prohibits damage to a place of worship or to an object held sacred by any class of persons with the intention of insulting the religion of any class of persons. Article 139 of the Criminal code prohibits the disturbing of religious assemblies. Article 140 prohibits trespassing on burial places with the intention of insulting the religion of any person. Article 141 prohibits the uttering of words, the making of any sound or any gesture with the intent of wounding the religious feelings of any person. Article 142 prohibits publications insulting any religion. Also, article 51A of the Criminal Code prohibits public incitement to violence amongst residents and the cultivation of a spirit of intolerance. Article 47(1)(b) of the Criminal Code prohibits incitement to hatred amongst communities or religious groups due to race, religion, colour or gender.

Cyprus has ratified the Convention against Cybercrime by virtue of the Additional Protocol to the Convention against Cybercrime concerning the Criminalisation of Acts of Racist or Xenophobic Nature committed through Computer Systems (Ratification) Law Ν. 26(ΙΙΙ)/2004.

The Convention on the Elimination of All Forms of Discrimination (Ratification) Law, Ν. 12/1967 and it subsequent amendments (Law No. 11(III)/1992 and 28(III)/1999) established offenses relating to the incitement to racial hatred, participation in organisations promoting racial discrimination, public expression of racially insulting ideas and discriminatory refusal to provide goods and services.  Article 2A of the amended law renders criminally liable those persons who incite acts which are likely to cause discrimination, hatred or violence against persons on account of their racial or ethnic origin or religion; establish or participate in organisations that promote propaganda aiming at racial discrimination; express ideas that insult persons by reason of their racial or ethnic origin or religion; refuse to supply goods or services to people by reason of their racial or ethnic origin or religion.

On 21.10.2011, a law came into effect (Law N. 134(I)/2011) transposing the Council Framework Decision 2008/913/JHA on combating certain forms and expressions of racism and xenophobia by means of criminal law. The law provides that the Courts must take racist and xenophobic motivation into consideration and the police are granted the right to investigate in the absence of a complaint.

Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism
Key socio-economic / Institutional Areas Policing - law enforcement, Anti-racism, Daily life, Religion
External Url
Situation(s)
Library