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Spain Vigo Criminal Court (Juzgado de lo Penal de Vigo) 2012 Spain / Vigo Criminal Court / No. 22/2012 Ethnic origin 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, Justiniano accompanied him by… View more
Spain European Court of Human Rights, ECHR 2012 ECtHR / No. 47159/08 / Judgment / B.S. v. Spain Race 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 Supreme Court 2013 Spain / Supreme Court Contentious-Administrative court, Section 7 / STS 693/2013 Religion, Gender Muslims In February 2013 the Supreme Court declared void a decision of the City Council of Lleida (Catalonia, Spain) in 2010 to prohibite people who wear the full veil (burka or niqab) from accessing or remaining in public spaces. The Watari Immigrants Association for Freedom and Justice (Asociación de Inmigrantes Watari por la Libertad y la Justicia) had previously appealed the decision of the City Council before the High Court of Justice of Catalonia which upheld the decision (Judgment 489/2011 of 7… View more
Spain Santa Cruz de Tenerife Provincial High Court (Audiencia Provincial de Santa Cruz de Tenerife) 2014 Spain / Santa Cruz de Tenerife Provincial High Court, Section 2 / No. 107/2014 Nationality Migrants The Santa Cruz High Court decision confirms the ruling of the Santa Cruz de Tenerife No. 2 bis Criminal Court, 10 October 2013 convicting the author of a xenophobic poem of a crime of incitement to hatred according to article 510 Criminal Code. The author had incited the Canarias population through a xenophobic poem to attack and expel the immigrants from the Canary Islands. The poem entitled "Decimas", dated on the 12/02/2008, had been sent for publication in a journal named “EL DÍA… View more
Spain Higher Court of Madrid 2014 Spain / Higher Court of Madrid (ninth section of the Administrative Litigation Division) / No. 306/2014 Nationality Migrants In March 2014 The government prohibited a planned demonstration by extreme right wing parties in Lavapies, a multicultural neighbourhood in Madrid. The slogan of the call was: “Publicly rejecting mass immigration which is a real invasion of our fatherland, and demanding strong defense of our borders.” The groups that called for the protest had been involved in acts of violence in the neighbourhood and used social media to spread messages such as: “everyone with baseball bats that day, like the… View more
Spain Barcelona Provincial High Court Decision (Audiencia Provincial de Barcelona) 2014 Spain / Barcelona Provincial High Court Decision, Section 10 / Rec 314/2013 Nationality Migrants The Barcelona Provincial Court upheld a decision of Criminal Court No. 1 of Vilanova i la Geltrú July 13, 2013 convicting members of the skinhead group Association Young Worker Front of a crime of illegal association. The association website had published many photographs that reflect the Nazi ideology, rejecting immigration and multiculturalism, and blaming immigrants for taking housing and jobs away from young Spaniards. They also displayed posters with slogans against immigration and… View more
Spain High Court of Catalonia, Contentious Administrative Court (Tribunal Superior de Justicia de Catalunya) 2015 Spain / High Court of Catalonia, Contentious Administrative Court Section 5 Religion, Gender Muslims The Civic Behaviour Ordinance of the city of Reus (Tarragona, Catalonia), approved on 21 July 2014, established that it was not allowed to access municipal buses or facilities wearing "the full veil, burka, niqab, balaclava, integral veil (…) or other clothing or accessories that prevent or hinder identification (…)". Certain associations, especially Islamic cultural associations, requested the repeal of these articles. Finally certain articles of this Ordinance were deemed as… View more
Spain Supreme Court Civil Chamber (Tribunal Supremo, Sala de lo Civil) 2015 Spain / Supreme Court Civil Chamber / STS 545/2015 Religion Muslims The Supreme Court ruled against Telemadrid TV Channel for attacking the honor of two religious leaders. In October 2010, the Telemadrid TV Channel had broadcasted a report entitled "Twelve magnets of Jihad in Spain” (Los doce imanes de la yihad en España). It linked two well-known Muslim leaders based in Catalonia with "Islamist" terrorism. The report contained images and opinions linked to terrorist attacks such as the twin towers in New York or the bombings of trains in… View more
Spain Barcelona Criminal Court 2015 Spain / Barcelona Criminal Court, Section 1 / Rec 312/2012 Ethnic origin, Gender EU citizens & nationals with migrant background The Barcelona criminal court no.1 convicted a man of a crime of bodily harm with the aggravating circumstance of racism by association - it was the first time a court applied an aggravating circumstance based on bias by association. On the night of September 5, 2010 a man, who was drunk and singing the fascist anthem "Cara al sol", came into a bar, where a man of Spanish nationality was with his partner, a mulatto woman of Dominican origin. The accused slapped the woman and racially… View more
Spain Barcelona Provincial High Court 2015 Spain / Barcelona Provincial High Court, Tenth Section / No. 115/2015 Race, Nationality, Ethnic origin 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 Barcelona Provincial High Court convicted 3 members of a band made up of young nazi skinheads, the "White Rebels (WRB)", of the crimes of conspiracy, incitement to hatred and discrimination, bodily harm, threats and possession of prohibited weapons. This band had spread its ideology through the internet and organized attacks against immigrant shops, worship centers, using weapons and dangerous instruments seized at the accused homes. The 3 members had also attacked a former member… View more
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