Luxembourg / Court of and in the Luxembourg arrondissement, court of first instance (16th chamber) / no. 17461/12/CD

Country

Luxembourg

Title

Luxembourg / Court of and in the Luxembourg arrondissement, court of first instance (16th chamber) / no. 17461/12/CD

View full Case

Year

2013

Decision/ruling/judgment date

Wednesday, October 30, 2013

Crime type(s) concerned/related

Incitement to violence or hatred

Related hate bias motivation

Nationality
Ethnic origin

Groups affected

Refugees & asylum seekers

Court/Body type

National Court

Court/Body

The Court of and in the Luxembourg arrondissement, court of first instance 16th chamber (Le Tribunal d’arrondissement de et à Luxembourg, seizième chambre correctionnelle)

Key facts of the case

When RTL announced on its website that the Kehlen local authority would build a house for refugees, this led to a racial outburst on Facebook by Mrs G., Mr H., Mr I. And Mrs J. claiming that ‘they’ received everything and ‘we’ received nothing, even wishing the return of a Hitler-like persona, who would cleanse the country.

Main reasoning/argumentation

The law criminalises racism, revisionism and other agitations based on illegal discrimination. The criminal code qualifies as discrimination every distinction made between people due to their origin, their skin colour, their sex, their sexual orientation, their family situation, their health, their handicap, their traditions, their political or philosophical opinions, their union activities, their real or supposed ethic origin, a nation, a race or a religion.

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

No new interpretations or explanations.

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

Mrs J., Mrs G. and Mr H. were sentenced to 6 months imprisonment on probation, in the event of new breaches, 6 months will be added to this penalty. Mr I was sentenced to 6 months imprisonment.

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

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