Latvia / Tukums District Court / Case No. 11390001416

Country

LatviaLatvia

Title

Latvia / Tukums District Court / Case No. 11390001416

View full Case

Year

2017

Decision/ruling/judgment date

Wednesday, February 15, 2017

Crime type(s) concerned/related

Incitement to violence or hatred

Related hate bias motivation

Nationality

Groups affected

Migrants

Court/Body type

National court

Court/Body

Tukums District Court (Tukuma rajona tiesa)

Key facts of the case

The defendant posted public calls to violence and threats towards migrants on his Facebook profile. Initially, the defendant called to violence against migrants at a specific address in town. Later he engaged in discussions with other social network users by posting two more comments containing threats and an indication of being prepared to use violence against migrants. The defendant was accused of incitement to hatred against a specific social group - migrants under Article 150 (3) of the Criminal Law.

Main reasoning/argumentation

The defendant pleaded guilty to incitement to hatred (against migrants) and agreed for the case to be reviewed without the examination of the evidence. The Court established that it was proven that the actions committed by the defendant are aimed at the incitement to hatred due to a person’s social status.

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The Court found the defendant guilty of incitement to hatred due to a person's social status (being a migrant). As the defendant pleaded guilty, there were no concepts or interpretations clarified by the case.

Results (sanctions, outcome) and key consequences or implications of the case

The defendant found was guilty and sentenced to 160 hours of community service.

Key quotation in original language and translated into English with reference details

(Tiesa atzīst, ka kriminālprocesā iegūtas pietiekošas ziņas par faktiem, kas izslēdz saprātīgas šaubas un apliecina, ka apsūdzētais /pers. A/ veica darbības, kas ir vērstas uz naida un nesaticības izraisīšanu atkarībā no personas sociālā statusa (tas ir citu pazīmju dēļ), kas saistītas ar vardarbību un draudiem, tādēļ tiesa kvalificē apsūdzētā /pers. A/ darbības pēc Krimināllikuma 150.panta trešās daļas.)

The Court agrees that information acquired during criminal procedure is sufficient in order to exclude reasonable doubts and confirm that the actions committee by the defendant /person A/ are aimed at incitement of hatred and enmity depending on person’s social status (on any characteristics), that is related to violence and threats, therefore, the Court qualifies defendant’s /person A/ actions according to Section 150 Paragraph 3 of the Criminal Law.”

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.