Lithuania / Kaunas Regional Court / Criminal case No. 1A-531-530/2017 /

Country

Lithuania

Title

Lithuania / Kaunas Regional Court / Criminal case No. 1A-531-530/2017 /

View full Case

Year

2017

Decision/ruling/judgment date

Wednesday, September 13, 2017

Incident(s) concerned/related

Violence

Related Bias motivation

Nationality

Groups affected

Migrants

Court/Body type

National Court

Court/Body

Kaunas Regional Court (Kauno apygardos teismas)

Key facts of the case

The case id about violence and incitement to hatred in a car lot against a migrant. Accused persons shouted racial slurs against the victim, told him to return to the country of origin, threatened to pull out a gun, and two times slapped his face and hitted leg.

Main reasoning/argumentation

Court established all the facts of case and there were no doubts of accused persons actions, so there were no legal problems for the court to convict the accussed persons

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

As there were no doubts of incitement to hatred and violence againts a victim and there were clear facts provided, court didn't had any legal problems of qualification of the crime.

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

One of accused person was convicted by articles 170 (incitement to hatred) and 284 (public disturbance) of Penal code and sentenced to limitation of freedom (to be at home from 22.00 till 6.00) for 2 years and do 120 hours of public work. Another accused person was convicted only by article 170 of Penal code and sentenced to limitation of freedom (to be at home from 22.00 till 6.00) for 1 year 8 months and do 120 hours of public work.

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

"Teisėjų kolegijai nekyla abejonių dėl to, kad išsakyti tokie žodžiai lietuvių kalboje turi grasinantį, neigiamą, niekinamą rasistinį pobūdį, jie buvo skirti konkrečiam asmeniui – nukentėjusiajam ir tiesiogiai siejami su nukentėjusio asmens tamsesne odos spalva, siekiant iš jo tyčiotis, jį diskriminuoti, bandyta prieš jį smurtauti ar fiziškai su juo susidoroti. / The panel of the judges did not have doubts that in Lithuanian language the expressed words have frightening, negative and disdained racist nature, they were addressed to the concrete person – victim and explicitly related to the person’s dark skin, aiming at bullying, discriminating, attempting to use violence or physically beat him. "

"Court do not have doubts that statments of accused persons in lithuanian language have threatining, negative, racist meaning, and they where adressed to concrete person – victim and directly where connected with color of the skin of the victim, trying to mock and discriminate him, attempting to deal violence and cope physically "

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.