Finland / District Court of Keski-Suomi / R 16/2618

Country

Finland

Title

Finland / District Court of Keski-Suomi / R 16/2618

View full Case

Year

2017

Decision/ruling/judgment date

Wednesday, January 04, 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 Keski-Suomi (Keski-Suomen käräjäoikeus / Mellersta Finlands tingsrätt)

Key facts of the case

A member of the Finnish Parliament, Teuvo Hakkarainen, published a text in Facebook in which he stated that all terrorists are Muslims. Moreover, he demanded that all Muslims be removed from Finland and their entry into the country must be restricted. Mr. Hakkarainen was convicted of incitement to hatred.

Main reasoning/argumentation

The court stated that the defendant has in his text generalised that all Muslims are criminals and that he could have presented his criticism of immigration policy without making this kind of defaming generalisation. Moreover, the demand for removal of Muslims from Finland and the banning of their entry to the country has created a threat of unlawful actions against Muslims. The court concluded that even harsh criticism of immigration policy does not as such constitute a criminal offence. However, threatening, defaming and insulting a group of people is punishable.

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 even harsh criticism of immigration policy does not as such fulfil elements of a crime. However, threatening, defaming and insulting a group of people is punishable.

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

The court concluded that as compared to other similar crimes and verdicts, this case is less severe. The Facebook posting was a sudden reaction to the terrorist attack in Nice and Mr. Hakkarainen has himself admitted that the statement was inconsiderate. The court sentenced Mr. Hakkarainen to 20 day fines (1,160 euros) and ordered that the Facebook-text is deleted. (After the verdict Mr. Hakkarainen continues to be a member of Parliament and he was recently elected one of the vice chairpersons of the Finns Party.)

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

"Teuvo Hakkaraisen laatimassa ja yleisön saataville asettamassa facebook-viestissä on väitetty, että kaikki terroristit ovat muslimeja. Tällä väitteellä vastaaja on yleistäen väittänyt islaminuskoa tunnustavia ihmisiä rikollisiksi. Vastaaja olisi pystynyt esittämään mielipiteensä ja ilmaisemaan maahanmuuttopolitiikkaan kohdistuvan arvostelunsa ilman tällaista panettelevaa ja herjaavaa yleistystä."

"In the Facebook posting written and made available to the public by Teuvo Hakkarainen it is claimed that all terrorists are Muslims. By making this claim the defendant has made a generalisation of all Muslims as criminals. The defendant could have presented his opinion and criticism of immigration policy without making this kind of defaming and insulting generalisation."

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.