Cases and rulings

This database section allows to search here for international, European and national case law and rulings as well as decisions by courts, and decisions, reports, findings by human rights or equality bodies and organisations, relating to hate crime and incitement to hate speech, hate crime and discrimination against Muslims.

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AustriaAustria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os25/17s ECLI:AT:OGH0002:2017:0150OS00025.17S.0405.000 Race Refugees & Asylum seekers The case concerns online incitement to hatred and violence. More concretely, the defendant (J.H.) was indicted for posting an image on Facebook showing two snipers lying in a trench with machine guns, with the caption "The fastest asylum procedure in Germany ... rejects up to 1,400 requests per minute". View more
AustriaAustria Regional Court (Landesgericht) 2016 Austria / Regional Court Vienna / 112 Hv 66/16w Nationality Refugees & Asylum seekers The defendant was found guilty for posting a comment on Facebook (referring to sexual assaults committed by asylum seekers against women and girls) [roughly translated]: "We need a little Breivick who snipes away such bastards[.] they come out of prison after 8-9 months and take the next girl or boy[.] this must not be supported with food or a warm room by tax money].] and deporting and then he comes back" View more
AustriaAustria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 14 Os 9/17f ECLI:AT:OGH0002:2017:0140OS00009.17F.0228.000 Austria: Regional Court (Landesgericht), Ried/20 Hv 33/16k Nationality Refugees & Asylum seekers The case concerns online incitement to hatred and violence. The defendant posted the following on Facebook [roughly translated:] "No sending back. You can open Mauthausen[.] having a little showering or dragging rocks at the death stairs[.] there are some fine things one can do there @ lowlives" and "Negro = target[.] we could shoot them a little with softguns © haha". View more
AustriaAustria Regional Court (Landesgericht) 2016 Austria / Regional Court Salzburg / 47 Hv 73/16k Nationality Refugees & Asylum seekers The case concerns online incitement to hatred and violence. The defendant commented on a video on Facebook by stating [roughly translated:] "A storm gun and some magazines solve these problems in seconds. I do not understand why the genetic special waste is not being fired at immediately". View more
AustriaAustria Regional Court (Landesgericht) 2017 Austria / Regional Court Korneuburg / 505 Hv 109/16y Nationality Refugees & Asylum seekers The defendant posted on several facebook pages the following: "Adolf Hitler needed to be alive and instead of killing innocent Jews, he should put all asylum seekers into a large hall and burn them alive." In addition, in response to an online newspaper article referring to 45 refugees being abandoned on the motorway, he posted a comment stating: "Away with the muck!!!!!". View more
AustriaAustria Supreme Court (Oberster Gerichtshof, OGH) 2015 Austria / Supreme Court / 15Os75/15s ECLI:AT:OGH0002:2015:RS0130193 Ethnic origin, Race, Religion, Nationality, Gender, Migrant status Muslims, Migrants, Refugees & Asylum seekers, EU citizens & nationals with migrant background, Third country nationals, Foreigners, Black people or of African origin, Other religious groups The Supreme Court has ruled on a case confirming the lower court sentence of 30 year old Turkish barber who had been sentenced to two years on probation for publishing antisemitic postings on Facebook. He had dignified the Holocaust and in the context of last years Gaza war he wrote "I could kill all Jews. But I 'd leave some alive to show you why I killed them" and said that Hitler "was the king of all real men and nobody achknowdlegded him". View more
AustriaAustria Supreme Court (Oberster Gerichtshof) 2015 Austria / Supreme Court / 15Os40/15v ECLI:AT:OGH0002:2015:0150OS00040.15V.0610.000 Race, Ethnic origin, Religion Muslims, Foreigners, Migrants The case concerns online incitement to violence or hatred. The defendant alleged that every Muslim is a possible terrorist. He also stated "Let us finally wake up and remove this cancer from our people's body!". He also posted a comment on facebook stating that one has "to prevent the infiltration of primitive races, such as the Negro race and the Turks and Muslims. View more
AustriaAustria Higher Regional Court (Oberlandesgericht) 2013 Austria / Higher Regional Court Innsbruck/ 11Bs110/13h ECLI:AT:OLG0819:2013:0110BS00110.13H.0430.000 Ethnic origin Foreigners, Muslims, Migrants The case concerns online incitement to violence or hatred. More concretely, on 25 April 2012 the defendant made comments on facebook and other social media networks as follows [roughly translated:] "Why are there no sperm donors in Turkey? Because all the jerks are here with us." View more
AustriaAustria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os25/17s ECLI:AT:OGH0002:2017:0150OS00025.17S.0405.000 Migrant status Refugees & Asylum seekers The case concerns online incitement to hatred and violence. More concretely, the defendant (J.H.) was indicted for posting an image on Facebook showing two snipers lying in a trench with machine guns, with the caption "The fastest asylum procedure in Germany ... rejects up to 1,400 requests per minute". View more
AustriaAustria Vienna Court of Appeal (Oberlandesgericht Wien) 2017 Austria / Higher Regional Court Vienna / 17 Bs 295/17g Religion Muslims A person shared a photo of Muslim man and a sheep herd on Facebook and commented the photo with "72 virgins only for you; ElitePartner academics & singles with high standards; Syria edition." View more
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