Denmark / City Court of Glostrup / SS 1706/2015

Country

Denmark

Title

Denmark / City Court of Glostrup / SS 1706/2015

View full Case

Year

2015

Decision/ruling/judgment date

Tuesday, August 18, 2015

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

City Court of Glostrup

Key facts of the case

A Danish politician was found guilty of incitement to violence or hatred. The former member of the Danish Parliament and the European Parliament, and currently a member of the City Council of Glostrup, had made a post on social media, Twitter, comparing Muslims to the Holocaust and concluding that they should be treated the same.

Main reasoning/argumentation

To be convicted for racist remarks, the remarks have to be degrading and stated in a public forum. The politician argued in court that he assumed the post would only be visible to his 67 followers on Twitter, and that this meant that he had not made the statement in a public forum.

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

All cases are required to have this dual assessment: was the statement severe enough to be considered degrading and hurtful, and were they made in a public forum. In this case, the politician argued mostly that the statement was not made in a public forum, and that the basic right of freedom of speech should protect him.

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

The politician was found guilty and sentenced to pay a fine of DKK 8000.

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

No material from the court case itself is available. The statement in question was as follows:
“About the situation of the Jews in Europe: The Muslims are continuing where Hitler left off. Only the treatment Hitler received, will change the situation”

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