Belgium / ECtHR / Application no. 34367/14 / Belkacem v. Belgium
Country
Belgium
Year
2017
Decision/ruling/judgment date
Thursday, July 20, 2017
Crime type(s) concerned/related
Incitement to violence or hatred
Related hate bias motivation
Religion
Groups affected
Other religious groups Muslims
Court/Body type
European Court
Court/Body
European Court of Human Rights, ECHR
Key facts of the case
The case concerned the conviction of Mr Belkacem, the leader and spokesperson of the organisation “Sharia4Belgium”, which was dissolved in 2012, for incitement to discrimination, hatred and violence on account of remarks he made in YouTube videos concerning non-Muslim groups and Sharia.
The Court noted that in his remarks he had called on viewers to overpower non-Muslims, teach them a lesson and fight them. The Court considered that the remarks in question had a markedly hateful content and that Mr Belkacem, through his recordings, had sought to stir up hatred, discrimination and violence towards all non-Muslims.
Main reasoning/argumentation
The Court was in no doubt as to the markedly hateful nature of Mr Belkacem’s views, and agreed with the domestic courts’ finding that the applicant, through his recordings, had sought to stir up hatred, discrimination and violence towards all non-Muslims. In the Court’s view, such a general and vehement attack was incompatible with the values of tolerance, social peace and non-discrimination underlying the Convention.
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
With particular reference to Mr Belkacem’s remarks concerning Sharia, the Court reiterated that it had ruled that the fact of defending Sharia while calling for violence to establish it could be regarded as “hate speech”.
The Court considered that Mr Belkacem had attempted to deflect Article 10 of the Convention from its real purpose by using his right to freedom of expression for ends which were manifestly contrary to the spirit of the Convention. Accordingly, the Court held that, in accordance with Article 17 of the Convention, Mr Belkacem could not claim the protection of Article 10.
Results (sanctions, outcome) and key consequences or implications of the case
The Court therefore rejected the application, finding that it was incompatible with the provisions of the Convention and that Mr Belkacem had attempted to deflect Article 10 of the Convention from its real purpose by using his right to freedom of expression for ends which were manifestly contrary to the spirit of the Convention.
Key quotation in original language and translated into English with reference details
The Court noted at the outset that, while its case-law enshrined the overriding and essential nature
of freedom of expression in a democratic society, it also laid down its limits by excluding certain
statements from the protection of Article 10 of the Convention. In the Court’s view, such a general and vehement attack was incompatible with the values of tolerance, social peace and non-discrimination underlying the Convention. With particular reference to Mr Belkacem’s remarks concerning Sharia, the Court
reiterated that it had ruled that the fact of defending Sharia while calling for violence to establish it could be regarded as “hate speech”.
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