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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AustriaAustria Vienna Court of Appeal (Oberlandesgericht Wien) 2017 Austria / Higher Regional Court Vienna / 17 Bs 295/17g Religion Muslims A person shared a photo on Facebook featuring a piglet ready to be eaten with the following text in the style of a Christian prayer: "Dear Allah, be our guest, and bless the pig that you have given us. Enjoy it with dumplings and kraut, and do not forget the crisp skin. And add a wheat beer, then the Muslim is upset!" The user also added the comment: "Thank you God, for what you have brought to us!" View more
AustriaAustria Supreme Court (Oberster Gerichtshof) 2017 Austria / Supreme Court / 15Os129/17k (15Os130/17g) / ECLI:AT:OGH0002:2017:RS0131770 Religion Muslims The case concerns online incitement to hatred and violence. In 2016, C. K. posted a publicly accessible picture on Facebook showing a flock of sheep and several dark-skinned people. The picture was headlined "Swinger-Club for Muslims" and the subtitle was "A new point of contact for this perverse sodomy Islamist rabble". The Regional Court convicted C. K. for incitement to hatred. View more
AustriaAustria Vienna Court of Appeal (Oberlandesgericht Wien) 2018 Austria / Higher Regional Court Vienna / 18 Bs 339/18m Religion, Migrant status Muslims, Refugees & asylum seekers A women posted several statements her two Facebook profiles over a two-month period: She called refugees "human garbage" as well "deranged, criminal, escaped murderers". She called Muslims "human shit " and commented that "these children are programmed to hate from an early age on. To kill. Muslims can do nothing else. View more
AustriaAustria Supreme Court (Oberster Gerichtshof) 2018 Austria / Supreme Court / 15Os33/18v ECLI:AT:OGH0002:2018:RS0132087 Religion, Migrant status Muslims, Refugees & asylum seekers The case concerns online incitement to hatred and violence. From March to July 2016, H. F. posted several statements against persons seeking international protection and persons who follow the Islamic faith on Facebook. These comments included prejudice, slander and verbal abuse and were visible for at least 1.094 Facebook users. View more
AustriaAustria Austrian Press Council (Österreichischer Presserat) 2019 Austria / Austrian Press Council (Österreichischer Presserat), Medien24 GmbH. Migrant status Muslims An article published in “wochenblick.at“ on 22 August 2019 reported about an increased mistreatment of hedgehogs and cruel killings of other wild animals in a Swedish town. The article reported that according to the chairwoman of the Animal Friends, this is especially the case in areas with a high density of migrants. The article is accompanied by a "symbolic picture" showing a mosque with minarets in front of a Swedish flag. View more
AustriaAustria European Court of Human Rights 2019 Austria / European Court of Human Rights / E.S. v. Austria (Application no. 38450/12) Religion Muslims E.S. held several seminars entitled “Basic Information on Islam” at the right-wing Freedom Party Education Institute. Several statements she had made during these (public) seminars had been directed against the doctrines of Islam, which essentially conveyed the message that Muhammad had had paedophilic tendencies. She was convicted of disparaging religious doctrines, pursuant to § 188 of the Criminal Code. View more
BelgiumBelgium Correctional Court Oudenaarde (Correctionele Rechtbank te Oudenaarde) 2013 Belgium / Correctional Court Oudenaarde / Public Prosecution v. V. Ismael and T. Francis Frans Francois Ethnic origin Foreigners The case concerns physical violence based on racist motives. Three men, V. Ismael, T. Francis and M.R. Joao were involved in a fist fight. M.R Joao, who is of foreign origin claimed that the other two had inflicted personal injury on him based on racist motives. The victim, M.R. Joao and the Centre for Equal Opportunities and Opposition to Racism were civil parties to the criminal proceedings. View more
BelgiumBelgium Court of First Instance (Tribunal de première instance de Dinant) 2013 Belgium / Court of First Instance of Dinant / X. and the public prosecution v. X Ethnic origin Black people or of African origin, Migrants, Third country nationals The case concerns physical violence with racist motives. In 2009, the defendants, who had been drinking, physically assaulted a person on the basis of ethnic origin. They were charged with intentional infliction of personal injury motivated by racism. View more
BelgiumBelgium Court of Appeal Gent (Hof van Beroep te Gent) 2013 Belgium / Court of Appeal Gent / City and Centre for Equal Opportunities and Opposition to Racism v. V.D.V. Marc Frans Gustaaf Ethnic origin Foreigners, Migrants The case concerns incitement to hatred and discrimination. In 2005, the local magazine of a political party in Sint-Niklaas published an article in which it accused young persons of foreign origin of desecrating graves. The article stated “(..) is that the perpetrators, all of them young teenagers, were of foreign ethnicity. A culture that has no respect anymore for the dead or the symbols of another religion is a deranged culture.” View more
BelgiumBelgium Court of First Instance of Antwerp (Rechtbank van eerste aanleg van Antwerpen/Tribunal de première instance de Anvers) 2014 Belgium / Court of First Instance of Antwerp / No. AN56.LB.48751-12 Ethnic origin EU citizens & nationals with migrant background The case concerns a suspended punishment for racism and discrimination. A couple had been refused to rent a property by a real estate agency because of their origin (which was evident from their names). According to the couple, this was explicitly mentioned to them by a staff member of the agency. The agency manager denied the accusations. He argued that the apartment was rented to someone else who was on a waiting list. View more
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