Cases and rulings

This database section allows to search here for international, European and national case law and rulings as well as decisions by courts, and decisions, reports, findings by human rights or equality bodies and organisations, relating to hate crime and incitement to hate speech, hate crime and discrimination against Muslims.

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ItalyItaly Ordinary Court of Milan (Tribunale di Milano) 2012 Italy / Ordinary Court of Milan / Decision no. 16945 Ethnic origin 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. View more
ItalyItaly Ordinary Court of Padua (Tribunale di Padova) 2012 Italy / Ordinary Court of Padua / Decision no. 206 Race 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. View more
ItalyItaly Italian Court of Cassation (Corte di Cassazione) 2012 Italy / Court of Cassation / Decision no. 19265 Race, Ethnic origin 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. View more
ItalyItaly Criminal Court of Padua 2013 Italy / Criminal Court of Padua / Sentence no. 1615 Race, Ethnic origin 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!”. View more
ItalyItaly Corte di cassazione 2013 Italy / Court of Cassation / 4879 Race, Ethnic origin 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
ItalyItaly Italian Court of Cassation (Corte di Cassazione) 2013 Italy / Court of Cassation / Decision no. 33179/13 Race 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. View more
ItalyItaly Ordinary Court of Trento (Tribunale Penale di Trento) 2014 Italy / Ordinary Court of Trento / Decision no. 508 Race 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. View more
ItalyItaly Italian Court of Cassation (Corte di Cassazione) 2015 Italy / Court of Cassation / Decision no. 36906 Race, 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. View more
ItalyItaly 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. View more
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