Luxembourg / Court of and in the Luxembourg arrondissement (12th chamber) / No. 31604/10/CD

Country

LuxembourgLuxembourg

Title

Luxembourg / Court of and in the Luxembourg arrondissement (12th chamber) / No. 31604/10/CD

View full Case

Year

2012

Decision/ruling/judgment date

Thursday, April 26, 2012

Crime type(s) concerned/related

Incitement to violence or hatred Threat of violence

Related hate bias motivation

Nationality

Groups affected

Migrants

Court/Body type

National Court

Court/Body

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.

Main reasoning/argumentation

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.

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

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