Bias Motive |
Groups |
Key facts | |||||
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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 |
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 |
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 |
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 |
Hungary | County Court of Miskolc (Miskolci Törvényszék) | 2013 | Hungary / County Court of Miskolc / Decision no. B.1725/2012/14 | Religion | Muslims | The defendant informed the authorities anonymously over the phone that bombs had been placed somewhere in town by his 'Muslim brothers', and that these Muslims would detonate the bombs unless the authorities released certain people from prison. The authorities soon realised that it was an empty threat, and that the defendant used the cover of the alleged 'Muslim brothers' as a decoy. | View more |
Italy | Criminal Court of Padua | 2013 | Italy / Criminal Court of Padua / Sentence no. 1615 | Race/Ethnicity, Race/Ethnicity | Foreigners | A female district council member from the Northern League party in the municipality of Padua, posted on her Facebook page the following comment, under a photo of the Minister of Integration Cecile Kyenge (who is of Congolese origin): “But is there no one there who could rape her, just to let her understand how a victim of such a ferocious crime could feel? Shame!”. The comment had been posted after reading a report on a blog alleging that an African man had attempted to rape an Italian woman. | View more |
Italy | Corte di cassazione | 2013 | Italy / Court of Cassation / 4879 | Race/Ethnicity, Race/Ethnicity | Muslims, Migrants, Third country nationals, Black people or of African origin | Two men were prosecuted for the crime of apology of fascism (promoting fascist ideology or symbols) and for being part of the group Milizia, which has among its aims, to instigate discrimination or violence on racial and ethnic grounds. They were subjected to security measures. | View more |
Italy | Italian Court of Cassation (Corte di Cassazione) | 2013 | Italy / Court of Cassation / Decision no. 33179/13 | Race/Ethnicity | Muslims, Migrants, Third country nationals, Black people or of African origin | The accused was the owner and manager of a website whose aim was to disseminate racist hate speech and violent discourse. He was charged for incitement to discrimination or violence based on racist grounds. According to him, this accusation is illegitimate because the website’s server is based in the USA and because the dissemination of such content on the Internet did not have the potential of creating a political group fostering racial hatred. He also stressed that he was only the manager of… | View more |
Luxembourg | Luxembourg District Court (Tribunal d'arrondissement) | 2013 | Luxembourg / District Court / Case no. 577/2013 / Judgement / The Public Prosecutor v. A, B, C, D | Religion, Race/Ethnicity | Refugees & asylum seekers, Muslims | This case differs from the general case law regarding incitement to hatred. The case concerns a defendant with a link to the extreme right movement who deliberately created a fake alias on a social media platform, pretending to be a foreigner attacking Luxembourg. He published threats and hate comments against Luxembourgish people, nation and language, with the aim to provoke a negative reaction and to incite hatred against foreigners and migrants. | View more |
United Kingdom | The Central Criminal Court (Crown Court) | 2013 | United Kingdom / Central Criminal Court (Crown Court)/ Judgement / The Queen v. Pavlo Lapshyn | Religion | Muslims | Pavlo Lapshyn, a 24 year old Ukrainian engineering student on a working visa, was sentenced to minimum 40 years in prison for a murder and racially aggravated crimes. Just days after he arrived in the United Kingdom he stabbed Mohammed Saleem, 81, to death. He had also been planning a series of explosions at mosques in the United Kingdom. Within a period of less than two months he planted and detonated three improvised explosive devices in the vicinity of three mosques in Walsall, Wolverhampton… | View more |
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