Have you been attacked in the Czech Republic for being Romani - or anything else? Advice on how to defend yourself and where to find legal aid

In a recent interview for ROMEA TV, lawyer Klára Kalibová of the In IUSTITIA organization has described in detail what bias crime is, what forms it takes, and what victims can do if they encounter it. “The essence of a bias crime is that the perpetrator chooses whom to attack on the basis of prejudice. This is not the fault of the injured party,” Kalibová said.

While the term “hate crime” has been used for such incidents in the past, Kalibová believes that it is more precise to speak of these crimes as motivated by bias, not just in relation to Romani people, but also to other at-risk groups – people living with disabilities, people of various religious faiths, or people of various sexual orientations. She points out that bias crimes frequently do not start with physical attacks, but with verbal insults and humiliation.

“Usually this does not begin with physical violence, but with some kind of verbal remark. I believe most Romani people here have had this experience – it’s an emotional experience they encounter in everyday life,” she said.

According to the lawyer, people with prejudices are frequently inspired by negative narratives spreading through social media or political campaigns.

How to respond and where to find legal aid

What should you do if you have been verbally attacked? The first step is clear – get yourself to safety as quickly as you can.

“I know that at that moment the feeling of injustice is enormous, but your safety is on the line. You never know if the perpetrator will proceed to a physical attack,” Kalibová warned.

It is important to document the situation, if possible – for instance, by recording the attacker on video, taking a photograph of them, or finding eyewitnesses to the incident. Next, it is necessary to call the police and report the situation once you can do so safely.

Irrespective of whether this was “just” a verbal attack or whether it was a physical assault, it is important to report the incident and document it properly. The more information and proof a victim provides, the greater the chance is that the matter will be thoroughly prosecuted and justice will be achieved.

The In IUSTITIA organization runs the Justýna counseling center, which offers aid to bias crime victims. The center provides legal representation and social counseling and can arrange for therapeutic support.

“Our services are free of charge. We have branches in Prague and Brno, but we also travel to other regions. Right now, for instance, we have one client in Aš and another in Hodonín,“ Kalibová said.

The Banga brothers’ case was a precedent

Kalibová discussed specific bias crime cases during the interview. One she highlighted was the case of the Banga brothers, who were targeted with hateful attacks on social media.

In one case where In IUSTITIA’s lawyers represented Radek Banga, the court initially refused to recognize his position as the injured party. The reason was that the hateful remark had not been addressed directly to him as an individual, but was a general racist statement.

Kalibová managed to prove to the Constitutional Court that collective threats, if they are made, for instance, beneath a personal commentary on a social media post, are in fact a violation of the targeted individual’s person. The individual is indeed harmed by such threats.

According to the lawyer, it was this breakthrough case in particular that contributed to the fact that today the same legal argumentation can be used by other organizations combating bias-motivated cybercrime and by other victims. She also pointed out that it is possible to file a report of a crime even without evidentiary material.

“Many people believe that without a video or a witness there is no point in reporting a crime. That’s not true, though. The injured party’s testimony can be considered evidence,” Kalibová said.

The lawyer also reminded the interviewer that victims have a right to anonymity – they may ask for their personal information, such as their address or telephone number, to be kept secret to minimize the risk of another attack. When asked whether the situation is improving, she was cautiously optimistic.

“I think it’s improving, but we have a long way to go still. It’s important that police cooperate more with nonprofit organizations and provide victims with enough information. We see campaigns about this in other countries, there isn’t one yet in our country,” the lawyer said.

Kalibová ended the interview by summing up the basic steps a person should take if he or she becomes a victim of bias crime: “Get to safety, document it, reach out to witnesses, call the police, contact us. We will consider what to do next together, whether to take legal steps or therapeutic ones. It is up to the injured party to choose the course of action, always.”