to adopt a comprehensive legal framework to criminalize hate crimes, in accordance with the
provisions of the UN Convention on the Elimination of Racial Discrimination.
Another aspect to which the People's Advocate drew attention refers to the obligation of the
state to implement the international recommendations aimed at the realization of the right to a fair
trial.
The recommendations of the international mechanisms for the protection of human rights also
draw attention to the need to strengthen the capacity of the judiciary to respond to acts of corruption
and to ensure the effective protection of victims of corruption, their lawyers, anti-corruption
activists, whistleblowers and witnesses.4
At the same time, the state is encouraged to ensure the right to a fair administration of
justice5; the sufficient remuneration of the judges, ensuring a sufficiently long mandate to guarantee
the independence and integrity of the court; ensuring an immediate, thorough, independent and
impartial investigation into all allegations of violation of the procedure and bringing to justice those
responsible, including officials of the judiciary, who are involved in this; ensuring the de jure and
de facto protection of judges from any sanctions or retaliation for unpopular judicial decisions.6
Another important aspect found in international recommendations refers to combating hate
speech. It is necessary to amend Article 346 of the Criminal Code7, so that it fully complies with
Article 4 of the UN Convention on the Elimination of All Forms of Racial Discrimination, and that
this amended article is properly implemented; to adopt comprehensive legislation criminalizing hate
crimes and to ensure that such legislation complies with the Convention and that racial motivation
is listed as an aggravating circumstance; to ensure that all incidents of hate crimes and hate speech
are investigated and prosecuted and that the offenders are punished, regardless of their official
status; to provide data on the number of hate crimes and hate speech cases reported, criminal
prosecution, convictions and compensation offered to victims; to strengthen the role of prosecutors
in supporting victims of racial discrimination in reporting violations.8
4
UN Committee on Economic, Social and Cultural Rights;
In accordance with Article 14 of the Covenant and the general comment no. 32 (2007) on the right to equality before
the courts and tribunals and to a fair trial;
6
UN Committee on Civil and Political Rights;
7
"Intentional actions aimed at incitement to hatred, national, ethnic, racial or religious division or differentiation."
8
The UN Committee on Racial Discrimination, recalling its General Recommendation no. 35 (2013) on combating
racist hate speech;
5
6