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Italy Tuscany Regional Administrative Court (Tribunale Amministrativo Regionale per la Toscana) 2020 Italy/Tuscany Regional Administrative Court (TAR Toscana), N. 00663/2020 Religion Muslims The Islamic Cultural Association of Pisa filed a complaint before the Tuscany Regional Administrative Court asking to annul the Pisa City Council's resolution No. 38 of 10 September 2019, which denied permission to build in the concerned area - where currently a car parks is located - a mosque and the cultural centre of the Islamic community, which had long since purchased the land. The municipal administration - led by the right-wing political party "League" - had decided to use… View more
Italy Ordinary Court of Milan - 7th Criminal Section (Tribunale Ordinario di Milano - Sezione 7° Penale) 2017 Italy / Ordinary Court of Milan - 7th Criminal Section/Decision of 18 December 2017 Religion Muslims After the Paris terrorist attack of 13 November 2015, the Italian newspaper "Libero" issued an article - on its front page - titles "Islamic bastards". Many associations filed complaints against this title but the Court accepted only the CAIM (Coordination of Islamic Associations of Milan, Monza and Brianza) as party in the proceeding. The Public Prosecutor asked the Court to condemn the newspaper - and its director - for the criminal offence of vilification of a religious… View more
Italy Italian Court of Cassation (Corte di Cassazione) 2015 Italy / Court of Cassation / Decision no. 36906 Race/Ethnicity, Religion Migrants, Third country nationals The Court of Appeal of Trieste stated that the complainant's electoral propaganda was to be considered a dissemination of racist and discriminatory ideas and convicted him for the criminal offences of 13 October 1975. A candidate for the 2013 EU Parliament election distributed a leaflet showing images and slogans aimed at supporting the idea that immigrants and other ethnic minorities are culturally more inclined to commit crimes. He stressed that his intention was to point out his… View more
Italy Ordinary Court of Trento (Tribunale Penale di Trento) 2014 Italy / Ordinary Court of Trento / Decision no. 508 Race/Ethnicity Third country nationals The Public Prosecutor of Trento charged the accused for defamation aggravated by the purpose of disseminating racial hatred and racial discrimination. The accused published a racist status on his Facebook timeline against the Italian Ministry of Integration who was an Italian citizen of African origins. His status was also reported by a local newspaper. This racist conduct was reported to the authorities by certain Italian NGOs which became plaintiff in the proceeding. The accused claimed… 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
Italy Ordinary Court of Milan (Tribunale di Milano) 2012 Italy / Ordinary Court of Milan / Decision no. 16945 Race/Ethnicity Third country nationals The director and the management board of a bank discriminated and used hate speech against the complainant and other colleagues because of their ethnic origins on several occasions. This conduct, besides being an example of discrimination and hate speech, contributed to the creation of an threatening environment on the workplace, also considering the role and power of the perpetrators compared to the position of the discriminated employee. The conduct was reported to the Public Prosecutor. View more
Italy Ordinary Court of Padua (Tribunale di Padova) 2012 Italy / Ordinary Court of Padua / Decision no. 206 Race/Ethnicity Third country nationals The Public Prosecutor of Padua accused the complainants of insults and defamation aggravated by the purpose of disseminating racial hatred and discrimination. On 4 August 2010 two delegates of an Italian trade union visited the construction site of two Italian building constructors in order to provide the labourers with information concerning their rights. They were repeatedly insulted by the building contractors for the colour of their skin. The insults were also repeated in front of police… 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
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