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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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