Greece / Three-member Misdemeanour Court of Thessaloniki / Decision on Appeal / Public Bus Driver case

Country

Greece

Title

Greece / Three-member Misdemeanour Court of Thessaloniki / Decision on Appeal / Public Bus Driver case

View full Case

Year

2015

Decision/ruling/judgment date

Friday, October 16, 2015

Incident(s) concerned/related

Discrimination

Related Bias motivation

Race/Ethnicity
Race/Ethnicity

Groups affected

Black people or of African origin

Court/Body type

National Court

Court/Body

Misdemeanour Court of Thessaloniki

Key facts of the case

The three-member Misdemeanour Court of Thessaloniki sentenced, following an appeal, a driver of OASTH (Organisation of Public Transport in Thessaloniki) to eight months' imprisonment, a suspension for three years and a fine of 1000 euros for discriminatory behaviour and denying services to two black passengers on a bus. This was the first case where a violation of anti-discrimination law was prosecuted on the initiative of the prosecutor, i.e. without a victim needing to press charges first.

Main reasoning/argumentation

Examining the case on appeal, the court found the driver guilty –the same as during the first instance- of denial of service based on racist reasons, but compared with the previous trial, the court reduced the sentence by two months. The penalty is suspended for three years, which means that if he does not commit any crime or offense any other crime during this period of time the penalty will not be imposed.

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

This decision creates a legal precedent for courts and makes clear that antidiscrimination law may only be applied if citizens that happen to witness this kind of behaviour report them to the authorities, along with the complementary support of the antifascist and antiracist movement. It also constitutes the first case of an ex officio prosecution for the violation of anti-discrimination law.

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

The three-member Misdemeanour Court of Thessaloniki sentenced a driver of OASTH (Organisation of Public Transport in Thessaloniki) to eight months' imprisonment, a suspension for three years and a fine of 1000 euros. In the first instance, the driver had been convicted by the one- member Misdemeanour Court of Thessaloniki to 10 month imprisonment and a 1000 euro fine.

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

N/A. The decision is not available. Details of the case are based on a Flash Report of the European Network of Legal Experts in gender equality and non-discrimination, available at: http://www.equalitylaw.eu/downloads/2956-conviction-of-bus-driver-for-d…, last accessed on 30/08/2017.

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.