Denmark / the Eastern High Court/ available in the Journal of Criminal Law (Tidsskrift for Kriminalret), TfK 2018.383 Ø (appeal decision)

Country

Denmark

Title

Denmark / the Eastern High Court/ available in the Journal of Criminal Law (Tidsskrift for Kriminalret), TfK 2018.383 Ø (appeal decision)

View full Case

Year

2018

Decision/ruling/judgment date

Friday, January 26, 2018

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

National higher court (Østre Landsret)

Key facts of the case

The defendant wrote a comment on a politician's open Facebook page about a Muslim woman who is known to the public. The defendant wrote “She should be deported or shot for treason as the Muslim she is … Ew!!”

Main reasoning/argumentation

The lower court found the defendant not guilty of violating § 266 b, section 1 in the criminal code. The Higher court also found the defendant not guilty. The Higher court found that it was dubious whether the statement was meant to target Muslims as a group because it was expressed in a thread concerning one particular person. The Higher court therefore found that the statement was levelled at one specific person and not Muslims as a group.

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 addressed the question of whether statements against individuals can be regarded as a threat, scorn or degradation of a group of people as well. The court did not find that the statement contained a threat, scorn or degradation of Muslims as a group.

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

Both the lower and the higher court acquitted the defendant.

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

”Hun sku udvises eller skydes for landsforrædderi, som den muslim hun er…Føj!!"

“She should be deported or shot for treason as the Muslim she is … Ew!!”

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.