Slovakia / District Court Žilina / 29T/71/2015

Country

Slovakia

Title

Slovakia / District Court Žilina / 29T/71/2015

View full Case

Year

2016

Decision/ruling/judgment date

Wednesday, February 24, 2016

Incident(s) concerned/related

Violence
Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity
Religion
Race/Ethnicity
Nationality

Groups affected

Muslims
Migrants
Third country nationals
Refugees & asylum seekers

Court/Body type

National Court

Court/Body

District Court Žilina (Okresný súd Žilina)

Key facts of the case

The defendant made a public advertisement in 2015 offering a job stating - "shooting of immigrants in the accommodation facility for 25 Eur/person". In addition, he published a video on his social media profile voicing hateful speech against migrants, specifically Muslims and people of migrant origin (including Syrians and Libyans).

Main reasoning/argumentation

The Court case concerns the approval of a plea bargain (including waiver of defendant´s right to a public trial) between the prosecutor and the defendant in its wording - the accused pleaded guilty of incitement to limitations of rights and freedoms of a particular nation and nationality and pleaded guilty of public defamation of a religious group and making of an extremist material.

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

N/A

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

By publishing the advertisement inciting to killing of migrants, the accused was found guilty of incitement to limitation of rights and freedoms of a particular nation and nationality and committed so publicly (as to Art. 424/1 and 424/3/b of the Criminal Code). By publishing the video file. the accused was found guilty of public defamation of a religious group, making of an extremist material and disseminating it publicly (as to Art. 423/1/b, Art. 422a/1, Art. 422b/1, Art. 422b/2/b of the Criminal Code). The court condemned him to 3 years of prison, with a conditional sentence.

Note: Since the defendant violated the conditions of his probation, he was sent to prison in March 2016.

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

N/A

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