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France Court of cassation (Cour de cassation) 2013 France / Court of cassation / Decision No. 12-84790

ECLI:FR:CCASS:2013:CR03515
Race/Ethnicity Migrants On 20 September 2009, Mr. Z. and Mr. A. committed a violent assault on Mr. X, leading to his incapacity to work for over eight days. The investigating judge, after having charged the perpetrators with the offence of aggravated violence, in particular because of the membership of Mr. X . of a particular race, finally ordered them to be sent before the criminal court without retaining the aggravating circumstance. Mr. X. appealed this decision. The pre-trial chamber of the Toulouse Court of… View more
Luxembourg The Court of and in the Luxembourg arrondissement, court of first instance 16th chamber (Le Tribunal d’arrondissement de et à Luxembourg, seizième chambre correctionnelle) 2013 Luxembourg / Court of and in the Luxembourg arrondissement, court of first instance (16th chamber) / no. 17461/12/CD Nationality, Race/Ethnicity Refugees & asylum seekers When RTL announced on its website that the Kehlen local authority would build a house for refugees, this led to a racial outburst on Facebook by Mrs G., Mr H., Mr I. And Mrs J. claiming that ‘they’ received everything and ‘we’ received nothing, even wishing the return of a Hitler-like persona, who would cleanse the country. View more
Malta Criminal Court of Appeal 2013 Malta / Criminal Court of Appeal / 98/2011 / Judgement / Police vs Norman Lowell Race/Ethnicity Third country nationals Mr Norman Lowell had been convicted of inciting racial hatred.Throughout the year 2006, Mr Lowell had given a number of speeches in Malta wherein he made use of abusive words and threatening language, including towards the then President of Malta. He also uploaded an article written by himself which allegedly constituted racial hatred. In the speeches and the online article, Mr Lowell made use of terms such as 'vicious Sudanese', he referred to Jews as 'parasites' and… 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
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
United Kingdom Bexley Magistrates Court 2013 United Kingdom / Bexley Magistrates Court Religion Muslims <p>On 29 June 2013, Tracey Davies, 46, started shouting racist remarks at a 55-year-old Somali woman who was wearing a burka whilst out shopping with her daughter in Woolwich town centre. Davies then hit the victim and punched her numerous times. &nbsp;</p> 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
Poland Constitutional Tribunal 2014 Poland / Constitutional Tribunal / SK 65/12 / Framework Decision on Racism (2008/913/JHA) or of the Racial Equality Directive (2000/43/EC) Race/Ethnicity, Nationality, Race/Ethnicity, Religion 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 applicant, B.R., submitted a motion to the Constitutional Tribunal claiming that Article 256 of the Criminal code, in some of its provisions, violates the Constitution. Article 256 of the Criminal code prohibits incitement to hatred on the grounds of racial, national and ethnic origin, religion or lack of belief. Furthermore, Article 256 of the Criminal code prohibits praising Nazi, communist or any other totalitarian system. In the opinion of the applicant those provisions (‘incitement to… View more
Poland I instance: District Court in O., II instance: Appellate Court in Bialystok 2014 Poland / I instance: District Court in O. / Ref. no. II K 237/12 / II instance: Appellate Court in Bialystok / Ref. no. II AKa 221/14 Race/Ethnicity Migrants On June 29, 2012 four Polish citizens attacked on the street a group of foreigners from the Republic of South Africa. They were hitting their victims with hands, beating, kicking and pushing them, which posed a threat to the victims' health. Moreover, perpetrators were using insulting words related to victims' nationality and race. Foreigners reported the incident to the police. View more
Poland I instance: Regional Court in Bialystok, II instance: District Court in Bialystok 2014 Poland / I instance: Regional Court in Bialystok / Ref. no. VII K 1018/13 / II instance: District Court in Bialystok / Ref. no. VIII Ka 577/14 Nationality Migrants On August 25 2013 two Chechen women were having a walk with their small children in the city. When they were passing by the group of 3 Polish citizens, they were publicly insulted because of their nationality. Perpetrators were screaming vulgar words such as "Chechen whores!", showing offensive gestures towards them and one of them spat in the face of one victim. Women run to the nearest church and called their relatives. An incident was reported to the police. View more
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