Belgium / Correctional Court Oudenaarde / Public Prosecution v. V. Ismael and T. Francis Frans Francois

Country

Belgium

Title

Belgium / Correctional Court Oudenaarde / Public Prosecution v. V. Ismael and T. Francis Frans Francois

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Year

2013

Decision/ruling/judgment date

Monday, June 03, 2013

Incident(s) concerned/related

Violence

Related Bias motivation

Race/Ethnicity

Groups affected

Foreigners

Court/Body type

National Court

Court/Body

Correctional Court Oudenaarde (Correctionele Rechtbank te Oudenaarde)

Key facts of the case

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.

Main reasoning/argumentation

The defendants admitted to inflicting personal injury to M.R. Joao, leading to his inability to work. They stated, however, that their acts were not motivated by racism or xenophobia.
The Court found that there was not sufficient evidence to support that M.R. Joao had been a victim of violence caused by racist motives and that therefore aggravating circumstances did not apply to this case.

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

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

The Court convicted the first defendant, V. Ismael, to imprisonment of 6 months (which was suspended) and a fine of 300 Euro. The Court convicted the second defendant, T. Francis, to imprisonment of 6 months (which was suspended) and a fine of 300 Euro.
The Court also awarded moral damages to M.R. Joao (325 Euro in total) and reimbursement of medical costs (99,18 Euro).

Key quotation in original language and its unofficial translation into English with reference details

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