Protocols for dealing with racism, homophobia and hate crimes at sporting events strengthened

The Ministry of the Interior has reinforced prevention and response measures against violent, racist and discriminatory incidents at sporting events and has established the criteria to request the immediate suspension and eviction of matches in which events of this nature occur.

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This is established in Instruction 8/2023, issued by the Secretary of State for Security, Rafael Pérez, which states that when during the course of a sporting event or event events occur that involve or incite violence in sport, or whether they are racist, xenophobic or intolerant acts, the Security Coordinator may propose to the referee or sports judge of the event not to start, paralyse or suspend its celebration, as well as to vacate part or all of the venue to put an end to the incidents.

The Security Coordinator is a figure introduced by the Law against violence, racism, xenophobia and intolerance in sport. This function is always assumed by a member of the Security Forces, who directs and organises the police device that protects the celebration of sporting events and coordinates the Organisational Control Unit.

The instruction of the Secretary of State systematises the criteria that must govern the actions of the Security Coordinator, within the sphere of competence of the Ministry of the Interior, for the prevention and response to behaviours and attitudes of racism, xenophobia and, in general, any expression of discrimination or intolerance in sporting events.

Specifically, the order lists the behaviours that can lead to the suspension of a competition or the eviction of the public:

When a natural or legal person issues statements with the intention of wide dissemination or transmits information in which a person or group is threatened, insulted or harassed due to racial, ethnic, geographical or social origin, as well as religion, convictions, disability, age, sexual orientation and identity, gender expression or sexual characteristics.

Acts of harassment in the venue where the test takes place, in its surroundings or on public means of transport that have the same motivation and whose objective or consequence is to violate the dignity of the harassed and create an intimidating, humiliating or offensive.

The statements, gestures or insults made in the same spaces, as well as the intonation of chants, sounds or slogans and the display of banners, flags, symbols or other signs that contain humiliating or intimidating messages for any person for the same reasons, as well as those that incite hatred between individuals and groups or that seriously violate the rights, freedoms and values ​​proclaimed in the Constitution.

In the event of events of this type, and depending on their seriousness, the security coordinators will propose to the management of the show (referee or sports judge) either the temporary suspension of the match or test while the incidents last or while the partial or total eviction is carried out, for its subsequent continuation, or the definitive suspension.

In any case, the instruction recalls that the Security Coordinator may decree eviction, in urgent cases of alteration of public security or serious risk to it, once the appeals to restore order have been exhausted and when there is no possibility immediate restoration.

Sanctionable conduct

The instruction of the Secretary of State responds to the profusion of incidents recorded in sporting events of all kinds when, in the heat of competitive rivalry and under the protection of the feeling of impunity transmitted by the anonymity of the masses, certain fans express an aggressive discourse of intolerance, hatred and discrimination towards the rival, frequently with racist, xenophobic or homophobic overtones, with manifest disregard for the dignity of the person which, in extreme cases, can constitute the prelude to the subsequent commission of hate crimes or other antisocial and violent acts.

As pointed out by the Minister of the Interior, Fernando Grande-Marlaska, in the presentation of the II Action Plan to Combat Hate Crimes, this expression refers to those prejudice crimes committed against a certain person for possessing or presenting certain characteristics, real or perceived, and which not only attack the victim herself, but also seek to influence the group as a whole with which the victim identifies, generating feelings of fear and insecurity and which, in turn, directly threaten security and the coexistence of society in general.

The Law classifies as an infraction any conduct that involves violent, racist, xenophobic and intolerant behaviour, which can be committed by both spectators and the organisers of the sporting event, regardless of whether these incidents occur in the sports venue, in its surroundings or in public or organised means of transport that go to the place of competition, or are disclosed through the media.

In the case of organisers, permissiveness, organisation, active participation or encouragement and promotion of this type of behaviour is also punishable, as well as support for activities of clubs, associations, groups or fan groups that fail to comply with the aforementioned law.

In the event of suspension of the meeting, when the organiser of the meeting has not provided collaboration or this has not been satisfactory, the Security Coordinator will file a detailed report or complaint stating the refusal to collaborate or the deficient collaboration, as well as the severity of events and their evolution in terms of the safety of attendees and participants.

The Security Coordinator, in addition to urging the initiation of disciplinary proceedings for the infractions provided for in the Law, will also draw up the corresponding certificate for the purposes of debugging responsibility in the criminal, administrative or disciplinary field.

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