Spain/ Catalunya High Court (Tribunal Superior de Justicia de Cataluña)/, Judgment no. 12 of January 9, 2024. Criminal Appeals Chamber of the Civil and Criminal Chamber. High Court of Justice of Catalonia. Appeal Chamber Roll 406/2023 (Sentencia nº 12 d
Country
Spain
Title
Year
Decision/ruling/judgment date
Incident(s) concerned/related
Related Bias motivation
Groups affected
Court/Body type
Court/Body
Key facts of the case
Main reasoning/argumentation
The defendant directly addressed the victim with the derogatory terms due to his origin already referred to and, subsequently, physically attacked him and his son and shows or reaffirms his contempt the victim by reason of his origin. After being arrested he again manifested in the presence of Local Police officer number 523 the same or similar expression: "Moor of shit".
Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?
Key issues (concepts, interpretations) clarified by the case
The implicit contempt that discriminatory behavior entails for the person being discriminated against is linked to both equality and human dignity. As a result, it is not only protected by the typicity of hatred of the dignity and right to equality of those who have the concept of vulnerability, but also by the fact that those who fall under one of the groups of article 510 of the Criminal Code are protected from hate speech because it is equality of all, not just of some. The behavior that is hated when a "non-vulnerable" is no longer qualifies as typical.
Results (sanctions, outcome) and key consequences or implications of the case
It confirmed the Judgment by dismissing the appeal filed by the defendant's defense.
Key quotation in original language and its unofficial translation into English with reference details
"(…) al que no conocían previamente y sin que hubiera existido ninguna discusión o enfrentamiento previo, con voluntad de humillarlos o menospreciarlo por el origen racial de ambos, espetó al Sr.( ...)con frases tales como “que mira moro de mierda” y “Vete a tu país”) "(…) whom they did not know previously and without there having been any previous discussion or confrontation, with the intention of humiliating or belittling him because of their racial origin, he snapped at Mr. (...) with phrases such as " look moor of shit” and "Go to your country"".