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Denmark International Convention on the Elimination of All Forms of Racial Discrimination 2012 UN, International Convention onthe Elimination of All Forms of Racial Discrimination / Communication No. 46/2009 / Mahali Dawas and Yousef Shava Race/Ethnicity Refugees & asylum seekers This case relates to discrimination, physical violence and vandalism. In 2004 a group of 15-20 youths attacked the petitioners’ house. One managed to break into the house, and both petitioners were subjected to violence, including beatings. Other attackers outside the house shouted “go home!”, as well as other slogans of an offensive nature. After this attack, the family, including all eight children, had to flee the house. The Court convicted four perpetrators. However, the Court merely… View more
Denmark Danish Supreme Court (Højesteret) 2012 Denmark / Supreme Court / U.2012.2361H Religion Muslims The defendant is a journalist and was the chair of the Freedom of Press Association. He was interviewed in 2009 by an online magazine. During this interview, he made several degrading remarks about Islam and Muslims, including: “When a Muslim man rapes a woman, it is his right to do so. When Swedish girls are raped, gang-raped, etc., etc., there is nothing wrong with that, from a Muslim perspective – that’s your right.” “They rape their own children. You hear that all the time. Girls in Muslim… View more
Spain Vigo Criminal Court (Juzgado de lo Penal de Vigo) 2012 Spain / Vigo Criminal Court / No. 22/2012 Race/Ethnicity 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 two defendants, Ceferino and Justiniano, both followers of Nazi ideology, were acquitted of incitement to hatred (article 510 of the Criminal Code), but Ceferino was condemned under a different provision of the Criminal Code for disseminating ideas or doctrines that justify genocide (article 607.2 of the Criminal Code). Since 2006, Ceferino had been sending messages in support of Nazi ideology and objectives through the nationalist Forum, www.my-forum.org. Justiniano accompanied him by… View more
Spain European Court of Human Rights, ECHR 2012 ECtHR / No. 47159/08 / Judgment / B.S. v. Spain Race/Ethnicity Third country nationals In its B.S. vs. Spain ruling of 24 July 2012 the European Court of Human Rights found a violation of Article 3 and of Article 14 in conjuntion with Article 3 of the European Convention on Human Rights. The applicant was a woman of Nigerian origin who worked as a prostitute at the time. In July 2005, she was stopped and questioned by authorities on three occasions; she alleged that she was beaten and racially abused on each occasion. Following the third incident, she lodged a criminal complaint… View more
Portugal Supreme Court of Justice 2012 Portugal / Supreme Court of Justice / Case no. 48/12.2YREVR.S1 Race/Ethnicity, Nationality, Religion Muslims, Migrants, Third country nationals, Foreigners, Black people or of African origin A German citizen was sentenced in Germany to 2 years and 9 months in prison for turmoil against segments of the population, including racism, xenophobia and insult to religious communities. The Portuguese Supreme Court of Justice decided about the execution of a European Arrest Warrant issued by a German Court which concerned a conviction relating to Holocaust denial. This conduct is defined in Article 240 (2) (b) of the Portuguese Penal Code as a denial of a crime against humanity. The court… View more
Netherlands Supreme Court (Hoge Raad) 2012 Netherlands / Supreme Court / Case no. 11/00864

ECLI:NL:HR:2012:BW9189
Race/Ethnicity, Religion Muslims, Migrants In this case, the Supreme Court confirmed the judgement of the Court of Appeal convicting a man who put texts comparing Muslims and people of Turkish descent with monkeys, cockroaches, rats and rapists on his own website. The Court of Appeal convicted the accused under Article 137c of the Dutch criminal code which criminalizes group insult. Any claim by the owners that these texts were permissible because of their humourist character were rejected. The Supreme Court iclarified that the… View more
Luxembourg The Court of and in the Luxembourg arrondissement, 12th chamber (Le Tribunal d’arrondissement de et à Luxembourg, douzième chambre) 2012 Luxembourg / Court of and in the Luxembourg arrondissement (12th chamber) / No. 31604/10/CD Nationality Migrants Mr S. sent two emails to the Ministry of education inciting racial hatred towards the Portuguese community living in Luxembourg, stating that the Portuguese youth were not ready to integrate. He also threatened the employees of the ministry with a bomb attack if the Portuguese language became part of the national curriculum. Mr S. admitted to this and said he was sorry for his actions, but also that it was caused by his depression. View more
Italy Italian Court of Cassation (Corte di Cassazione) 2012 Italy / Court of Cassation / Decision no. 19265 Race/Ethnicity, Race/Ethnicity Third country nationals The Court of Cassation had to assess the legitimacy of the decision of the Court of Appeals of Trieste which had condemned the complainant for false report and menaces aggravated by reasons of ethnic hatred. The accused person sent threatening letters to a public institute – whose name is omitted in the decision – containing a white powder – similar to anthrax – and several degrading and racist phrases and menaces. The complainant considered the decision of the Court of Appeals not to be in… View more
Finland Supreme Court (Korkein oikeus / Högsta domstolen) 2012 Finland / Supreme Court / KKO:2012:58, R2010/1101 Religion, Race/Ethnicity Muslims, EU citizens & nationals with migrant background, Third country nationals The Supreme Court convicted a Finnish MP of incitement to hatred (ethnic agitation) and breach of the sanctity of religion for an article he wrote in his blog in 2008. In this blog entry he described Islam as a paedophile religion and wrote that theft and leading a parasitic life by living off welfare is a national and maybe even genetic characteristic of Somalis. The Helsinki District Court and the Court of Appeal had previously acquitted the defendant of the charge of incitement to hatred,… View more
Germany Higher Regional Court (Oberlandesgericht) 2012 Germany / Higher Regional Court Frankfurt a.M. / 20 W 12/08 Religion Muslims The owner community of a real estate complex refused to give part-ownership of the complex for the purpose of creating a Muslim community centre. Part ownership was initially conferred to the group for the purpose of opening a supermarket; the owner community reversed its decision once it had become clear that the space would be used to create a Muslim community centre. The applicants applied for voiding the decision of the owner community. View more
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