Finland / District Court of Oulu / R 16/2412

Country

Finland

Title

Finland / District Court of Oulu / R 16/2412

View full Case

Year

2017

Decision/ruling/judgment date

Monday, January 16, 2017

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims
Migrants
Refugees & asylum seekers

Court/Body type

National Court

Court/Body

The District Court of Oulu (Oulun käräjäoikeus / Uleåborgs tingsrätt)

Key facts of the case

The leader of the Finns Party Youth, Sebastian Tynkkynen, was convicted of incitement to hatred and the breach of the sanctity of religion. In his Facebook-writing, Mr. Tynkkynen demanded that Muslims be rooted out from Finland and stated that every Muslim is a potentially aggressive criminal.

Main reasoning/argumentation

Incitement to hatred: The court stated that the defendant could have presented his opinion without making defaming and insulting generalisations concerning Muslims. Moreover, the demand for removal of Muslims from Finland has created a threat of unlawful actions against Muslims.
Breach of the sanctity of religion: in his Facebook-writings Mr. Tynkkynen described Allah as a monster and also referred to a "paedophile prophet". The district court found this defaming and insulting.

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 referred to the case law of the European Court of Human Rights and stated that political parties have the right to present their views about problems related to immigration in public even if these views might offend, shock or disturb someone. However, it is essential that politicians refrain from making public statements which are likely to foster intolerance.

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

Mr. Tynkkynen was sentenced to 50 day fines (300 euros).

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

"Yhteenvetona voidaan todeta, että perustuslain 12 §:n 1 momentin sekä ihmisoikeussopimuksen 10 artiklan takaama sananvapaus ei siis tarkoita sitä, että jokaisella olisi vapaa oikeus sen nojalla esimerkiksi julkisesti uhata, panetella tai solvata jotakin ihmisryhmää heidän uskontonsa perusteella."

"In summary, it can be concluded that the freedom of expression guaranteed in Section 12 subsection 1 of the Constitution [of Finland) and in Article 10 of the [European] Convention on Human Rights does not mean that freedom of expression would give everyone the right to, for example threaten, defame or insult in public a group of people on the basis of their religion."

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