Malta / Court of Magistrates as a Court of Criminal Judicature v. Vincent Debono 1/2016

Country

Malta

Title

Malta / Court of Magistrates as a Court of Criminal Judicature v. Vincent Debono 1/2016

View full Case

Year

2016

Decision/ruling/judgment date

Tuesday, May 10, 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

Court of Magistrates as a Court of Criminal Judicature

Key facts of the case

In October 2015, a prison warden and former policeman, Vincent Debono, posted the comment 'I hope it's burning with them inside', below an article being shared on Facebook entitled '3rd refugee centre torched in Sweden in 6 days'. The article reported that a string of suspected arson attacks had hit three facilities intended to house asylum seekers in Sweden.

Main reasoning/argumentation

The Court held that the accused's comment clearly went beyond the limits of what was enshrined in freedom of expression, as it was an expression aimed at causing damage, dejection, vexation or offence to others. However, the defence pointed out that Maltese law defines racial hatred as an act that is carried out against a person or a group of persons in Malta. Therefore, the accused could not be found guilty of racial hatred because his comment was clearly directed against persons in Sweden.

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

Under Maltese law, racial hatred is defined as an act that is carried out against a person or persons in Malta. The Court suggested that the legislator should amend the current law to also include persons who are not present in Malta where the person expressing the hatred is, at least, in Malta.

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

The accused was found guilty of misuse of electronic equipment and fined 5,000 EUR. He was acquitted of the charge of inciting racial hatred on the grounds that the relevant legal provision was only applicable if the crime was carried out against persons present in Malta.

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

"Huwa ċar li l-intenzjoni tal-Leġislatur kienet, u stante li t-tifsira ta’ “vjolenza jew mibgħeda” tinkludi r-referenza lejn “persuna jew grupp ta’ persuni f’Malta” u b’hekk dan ir-reat jista’ jiġi meqjus integrat biss jekk issir riferenza għal vjolenza jew mibgħeda kontra persuna jew grupp ta’ persuni li jkunu jinsabu f’Malta."

"It is clear that the intention of the legislator, when defining 'violence or hatred' includes a reference to 'persons or groups of persons in Malta', therefore this offence can only be considered to be complete if it is committed against a person or a group of persons that are present in Malta."

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.