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Austria 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
Austria 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
Austria 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
Austria 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
Austria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os25/17s
ECLI:AT:OGH0002:2017:0150OS00025.17S.0405.000
Race/Ethnicity 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
Austria Austrian Press Council (Österreichischer Presserat) 2022 Austria / Austrian Press Council (Österreichischer Presserat) / 2020/318 Migrant status Muslims An article published in the daily newspaper "OE24" on 20 September 2022 reported that on Saturday evening migrants had danced to oriental music in the inner city of Vienna. According to the article, the migrants had danced to oriental music and videos had gone viral on TikTok. Police were again not present at the scene and the reason for the gathering was unclear. Attached to the post is a photo of the men dancing, and the accompanying text reads: "Pack meeting in the pedestrian… View more
Austria Supreme Court (Oberster Gerichtshof, OGH) 2015 Austria / Supreme Court / 15Os75/15s
ECLI:AT:OGH0002:2015:RS0130193
Race/Ethnicity, Race/Ethnicity, 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". Taking into… View more
France Court of Cassation (Cour de cassation) 2019 France / Court of Cassation/18-85306/ECLI:FR:CCASS:2019:CR01531 Race/Ethnicity Muslims The Public Prosecutor summoned historian Mr. N., editor-in-chief of the Revue d'histoire de la Shoah (Holocaust History Journal), and editorial manager of the Holocaust Memorial and guest on the programme 'Répliques' (Replies) on 10 October 2015, to appear before the criminal court on charges of incitement to discrimination, hatred or violence against a person or group of persons on account of their origin or their membership or non-membership of a particular ethnic group, nation… View more
Finland Rovaniemi Court of Appeal (Rovaniemen hovioikeus / Rovaniemi hovrätt) 2019 Finland / Rovaniemi Court of Appeal / 19/150674, R18/856
A copy of the decision can be requested from the registry of the Rovaniemi Court of Appeal
Religion Muslims The defendant was a Sunni Muslim from Iraq and had applied for asylum in Finland. He had uploaded on his open Facebook page 11 videos as well as pictures depicting violent acts or brutal violence allegedly committed by Shia Muslims against Sunni Muslims. He had also written on his Facebook wall, in Arabic, that Shia Muslims were murderers and Iran’s henchmen and should be cursed and removed from Iraq. The defendant claimed he had wanted to comment on the crimes against humanity committed in his… View more
Finland District Court of Helsinki (Helsingin käräjäoikeus / Helsingfors tingsrätt) 2019 Finland / District Court of Helsinki / 19/140548, R18/710
A copy of the decision can be requested from the registry of the District Court of Helsinki
Religion Muslims The city housing production office had decided to employ A. According to the regulations of the housing production office, the CEO decides on hiring new employees. When A’s employment contract was to be signed, the CEO was on leave. She had authorised the project manager to sign the employment contract. A HR specialist was also present. A then told that he was a Muslim and would like to take an (unpaid) prayer break each day, one hour on Fridays and five minutes during other days. This had not… View more
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