Finland / District Court of Keski-Suomi / R 15/3178

Country

Finland

Title

Finland / District Court of Keski-Suomi / R 15/3178

View full Case

Year

2016

Decision/ruling/judgment date

Tuesday, April 05, 2016

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity

Groups affected

Refugees & asylum seekers

Court/Body type

National Court

Court/Body

The District Court of Keski-Suomi (Keski-Suomen käräjäoikeus / Mellersta Finlands tingsrätt)

Key facts of the case

A couple (A+B) made a video in which B incites their child to violence using a toy monkey which he refers to as a refugee. The video was uploaded to the couple´s public Facebook-pages and to an anti-refugee website.

Main reasoning/argumentation

The court concluded that it is not plausible that in the video the child would only have been taught how to defend her/himself against attackers in general as was claimed by the defence. The video was published on an anti-refugee website called “Keep Finland clean” that had been set up by B. The court concluded that the publishing of the video on this website indicates that the purpose of the act was to threaten, defame and insult refugees as a group of people on the basis of their race, skin colour, birth status, national or ethnic origin and their refugee status.

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

The court concluded that since the video was published on an anti-refugee website that has been set up by B it is not plausible that the purpose of the video was only to teach how to defend against attackers in general as was claimed by the defence.

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

The couple (A+B) was convicted of incitement to hatred (ethnic agitation). A was sentenced to pay a fine of 240 euros (40 day fines) and B 300 euros (50 day fines). Moreover, the tablet computer used in the crime was confiscated.

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

"Videon julkaiseminen mm. vastaaja(n) […] perustamalla ja ylläpitämällä pakolaisvastaisella Pidä Suomi puhtaana -sivustolla osoittaa, että menettelyn tarkoituksena on ollut nimenomaan uhata, panetella ja solvata pakolaisten muodostamaa ihmisryhmää näiden rodun, ihonvärin, syntyperän, kansallisen tai etnisen alkuperän sekä pakolaisaseman vuoksi.”

”The publishing of the video on an anti-refugee website “Keep Finland clean” set up and maintained by the defendant […] indicates that the purpose of the act was specifically to threaten, defame and insult refugees as a group of people on grounds of their race, skin colour, birth status, national or ethnic origin and their refugee status.”

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