Finland / District Court of Kymenlaakso / 15/150275 R 15/1907

Country

Finland

Title

Finland / District Court of Kymenlaakso / 15/150275
R 15/1907

View full Case

Year

2015

Decision/ruling/judgment date

Friday, November 20, 2015

Incident(s) concerned/related

Violence

Related Bias motivation

Race/Ethnicity

Groups affected

Refugees & asylum seekers

Court/Body type

National Court

Court/Body

The District Court of Kymenlaakso

Key facts of the case

In September 2015, a suspect prepared a petrol bomb and threw it towards an emergency accommodation unit where asylum seekers were residing. The guard and the residents of the unit managed to extinguish the bomb. Another similar bomb was later found at suspect's apartment.

The suspect had posted an insulting message on his Facebook-page a few days before the criminal act which was presented as evidence in court. Moreover, a witness had heard the perpetrator say (right after he had thrown the bomb) that he objects to the current immigrant policy and wants immigrants to leave the country and to kill them.

Main reasoning/argumentation

The suspect was convicted of attempted criminal mischief not for attempted aggravated criminal mischief, because the Court considered it unlikely that there was a concrete and probable danger caused to life and health. An aggravated penalty was applied because the court saw that the criminal act had a racist motive and it was somewhat premeditated.

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

An aggravated penalty was applied because the court found that the criminal act had a racist motive and it was somewhat premeditated.

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

The suspect was sentenced to one year imprisonment for attempted criminal mischief. The case has been appealed in the High Court.

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

" X. on kuitenkin kohdistanut vihansa myös majoitusyksikköön ja siellä oleskeleviin turvapaikanhakijoihin. Rasistista motiivia tukevat [X]n kirjoitukset omalla facebook-sivullaan muutamia päiviä ennen ryhtymistään tekoon. ”Terroristit tulee läpi lännen rajoista et painukoot vittuun koko poppoo, nyt perustettava joka kuntiin omat suomalaisia suojelevat joukot esim estetään keltakankaalla ruuan jako kuolkoovittu nälkään täältä pois ei auteta terroristeja, kaikki joukolla mukaan...”

"X. has nevertheless directed his anger also at the accommodation unit and asylum seekers that are staying there. The racist motive is backed up by [X]´s writings on his own Facebook-page a few days before committing the criminal act.”The terrorists come here through western borders, they all should fuck off, now we should establish a force protecting Finns in every municipality, for example we should prevent the food distribution in Keltakangas, they can fucking starve to death, away from here, let´s not help terrorists, come on everybody…”

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