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Spain Provincial Court of Madrid, Fifth Section (Audiencia Provincial de Madrid, Sección Quinta) 2022 Spain, Provincial Court of Madrid, Fifth Section (Audiencia Provincial de Madrid, Sección Quinta) Judgment No. 98/2022, Nº of Appeal: 1357/2020 (Sentencia núm. 98/2022, Nº Recurso: 1357/2020), 12 December 2022 (SAP M 18461/2022 - ECLI:ES:APM:2022:18461) Race/Ethnicity, migrant status, religion Muslims The Court has acquitted the leader of Hogar Social Madrid and other members of this far-right collective accused of a crime of incitement to hatred and public disorder for the organization and participation in a protest against radical Islamism in front of the Mosque of the M-30 in Madrid on March 22, 2016, the date on which the terrorist attacks took place at Brussels. In addition to appearing in front of the Mosque, the organization’s members placed a banner with the association’s emblem.… View more
Spain Provincial Court of Barcelona, Sixth Section (Audiencia Provincial de Barcelona, Sección Sexta) 2022 Spain, Provincial Court of Barcelona, Sixth Section (Audiencia Provincial de Barcelona, Sección Sexta) Judgment No. 674/2022, Nº of Appeal: 54/2022 (Sentencia núm. 674/2022, Nº Recurso: 54/2022), 8 November 2022. Migrant status, Race/Ethnicity Muslims <p>It is a conviction against a civil guard for publishing on Twitter on July 1, 2019, the following message: "Here you have the video of the Moroccan unaccompanied minor of Canet de Mar, to these that we are going to give the small pay until 23 years old, the children of “Pedrito Piscinas.” By the way, then, to make matters worse, he rapes her. These hooligans and these herds of Moroccans will not appear in the media.” Accompanying the text, the tweeter added a 45-second video of… View more
Spain Provincial Court of Madrid, Second Section (Audiencia Provincial de Madrid, Sección Second) 2021 Spain, Provincial Court of Madrid, Second Section (Audiencia Provincial de Madrid, Sección Segunda) Judgment No. 631/2021, Nº of Appeal: 939/2021 (Sentencia núm. 631/2021, Nº Recurso: 939/2021), 1 July 2021 (ROJ: AAP M 3302/2021- ECLI:ES:APM:2021:3302) Race/Ethnicity, Migrant status Foreigners The decision responds to the appeal filed by the Public Prosecutor's Office and the PSOE party against the Order of the Judge of Madrid on April 22, 2021, who agreed to deny the request for the precautionary measure to remove a poster in the Sol station of the Madrid Metro, in which the far-right political party Vox, which showed on one side an old woman and the other a young dark-skinned migrant with her face covered and a text reading "A MENA 4,700 euros a month, your grandmother… View more
Spain Algeciras Criminal Court No. 3 (Juzgado de lo Penal número 3 de Algeciras) 2021 Spain, Algeciras Criminal Court No. 3 (Juzgado de lo Penal número 3 de Algeciras), March 2021. Race/Ethnicity, Migrant status, Religion Muslims A 63-year-old person of Spanish nationality from Algeciras (Cádiz) disseminated many violent content publications through his Facebook profile, clearly and directly inciting hatred and violence against Muslim immigrants. The publication of the material online was made without restriction, and the accused had more than 200 friends on his Facebook profile. The Navarra Civil Guard investigated to identify the user of that profile due to the seriousness and cruelty of the contents poured into… View more
Spain Supreme Court. Military Chamber (Tribunal Supremo. Sala de lo Militar) 2020 Spain / Supreme Court / Judgement Nº 38/2020/ Section 1, Appeal 75/2019 Religion Muslims The claimant who hold a position within the army. He took an exam to become Captain of the army on 23 June 2015. Although all the exams went well, he was considered as non suitable for the position. The negative decision made reference to "the command and management skills and the institutional values". The claimant considered that in the interview he was deprived of his religious freedom and denounced it to his superiors. The claimant argued that the exam´s questionnaire focused… View more
Spain Madrid Provincial High Court (Audiencia Provincial de Madrid) 2019 Spain / Madrid Provincial High Court , Criminal Judgement (Audiencia Provincial de Madrid, Sala de lo Penal) / SAP M 1843/2019, Rec. 2037/2018, ECLI: ES:APM:2019:1843 Religion Muslims The perpetrator uploaded in his YouTube channel hatred songs from a number of RAC music songs including ant-Muslim hatred lyrics. In 2012, the defendant created a YouTube channel (1.827 subscribers and 626.063 views). The channel created with the clear intention of encouraging and enlivening hatred and discrimination against foreign groups. In 2016, he changed its profile name to "Remember Sound Channel" with a total of 178 videos posted, nine of them belong to the musical style named… View more
Spain Barcelona Provincial High Court (Audiencia Provincial de Barcelona) 2019 Spain / Barcelona Provincial High Court, Criminal Judgement (Sentencia Audiencia Provincial de Barcelona, Sala de lo Penal) /2018-219 Roj: SAP B 6183/2019 - ECLI: ES:APB:2019:6183 Religion Muslims In 2016, the defendant “Cipriano” uploaded in his Facebook profile hatred comments towards Muslims and attack a woman because of wearing a hijab. He was moved by an attitude of deep contempt and rejection towards people who profess the Muslim religion, and with the desire to generate feelings of violence and hatred against them. He posted on the internet several offensive expressions aimed at people related to that religion, such as: "kill Islamists” “death to Islam". The posts were… View more
Spain Supreme Court (Tribunal Supremo) 2018 Spain / Supreme Court Social Section (Tribunal Supremo. Sala de lo Social) / ATS 6331/2018 - ECLI: ES:TS:2018:6331A Religion Muslims The court found lawful and proportionate a penalty of suspension of employment of a Muslim woman because she was using her Islamic veil at the workplace. The claimant worked at a mushroom collection pawn, Cultivos Riojal SL, under a permanent and full-time employment contract since July 2015. On April 2016, the company communicated her by written a penalty of suspension of employment and wages of 15 days, for serious infringement and breach of contract, because using the Islamic veil at her… View more
Spain The National Criminal and Administrative Court (Audiencia Nacional) 2017 Spain / The National Criminal and Administrative Court, Criminal Section 1ª (Audiencia Nacional, Sala de lo Penal, Sección 1ª) / Auto 530/2017, Rec. 195/2017, ES:AN:2017:793A Religion Muslims National court considers lawful the prohibition of the use of the "hijab" by a woman in detention and not a breach of her right to religious freedom. The women in prison, named as Delia was in precautionary release (transitory) deprived of her liberty (imprisonment) in the Prison Centre of Valencia by a judicial order after a trial sentence which accuses her of a terrorist offence because of his alleged association with an international jihadist organization. It was argued that the… View more
Spain Social Courthouse, Palma de Mallorca 2017 Spain / Social Courthouse: Palma de Mallorca / No. 31/2017 Religion, Gender Muslims The social court of Palma de Mallorca ruled against an airline company which had sanctioned several times a female staff member for wearing a hijab, allegedly based on the minor offence of "lack of cleanliness" of the person or uniform and the serious offence of disobeying orders. She was finally fired for wearing the hijab at work. The applicant requested the court to invalidate the sanctions imposed by the company. The court declared the existence of a violation of the… View more
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