Luxembourg / Court of and in the Luxembourg arrondissement (12th chamber) / No. 31604/10/CD
Luxembourg / Court of and in the Luxembourg arrondissement (12th chamber) / No. 31604/10/CDView full Case
Thursday, April 26, 2012
Crime type(s) concerned/related
Incitement to violence or hatred Threat of violence
Related hate bias motivation
The Court of and in the Luxembourg arrondissement, 12th chamber (Le Tribunal d’arrondissement de et à Luxembourg, douzième chambre)
Key facts of the case
Mr S. sent two emails to the Ministry of education inciting racial hatred towards the Portuguese community living in Luxembourg, stating that the Portuguese youth were not ready to integrate. He also threatened the employees of the ministry with a bomb attack if the Portuguese language became part of the national curriculum. Mr S. admitted to this and said he was sorry for his actions, but also that it was caused by his depression.
Mr S. violated article 455 on hatred towards a community on the basis of any factor. He also anonymously threatened an attack on people and property.
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
Mr S. attempted to threaten officials on the grounds of his racial hatred towards the Portuguese community in Luxembourg. He had however no prior convictions, which played in his favour in the sentencing.
Results (sanctions, outcome) and key consequences or implications of the case
Mr S. was sentenced to a penalty of 600€ and 3 months in prison on probation.
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