Denmark/ the Western High Court/ available in the Journal of Criminal Law (Tidsskrift for Kriminalret) TfK 2018.135/2 V (appeal decision)

Country

Denmark

Title

Denmark/ the Western High Court/ available in the Journal of Criminal Law (Tidsskrift for Kriminalret) TfK 2018.135/2 V (appeal decision)

View full Case

Year

2018

Decision/ruling/judgment date

Wednesday, November 07, 2018

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity
Race/Ethnicity

Groups affected

Refugees & asylum seekers

Court/Body type

National Court

Court/Body

National higher court (Vestre Landsret)

Key facts of the case

The defendant commented a picture in a group on Facebook. The picture depicted a police officer and a refugee playing on the road. The defendant wrote the following about refugees: “They come here to get a better life and think they will get everything served on a platter when they land here. There is only one thing to say and that is what the Polish minister of foreign affairs said “they are human garbage” and they have nothing … nothing to do here…” The defendant plead not guilty because he thought that the Facebook group was private. He also deleted his comment after he found out that his friends on Facebook could read it.

Main reasoning/argumentation

The lower court and the higher court both acquitted the defendant. Both courts found that it was not proven that the defendant had the intent to address the statement to a broader audience. However, it was undisputed that the statement was taunting and demeaning towards a group of people.

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

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

”De kommer her for at få et bedre liv og tror de får det serveret på en platte når de lander her. Der er kun en ting og sige det er blevet sagt af den Polske udenrigsminister »De er menneskeligt affald« og de har intet …Intet at gøre her…” :

“They come here to get a better life and think they will get it served on a platter when they come. There is only one thing to say and that is what the Polish minister of foreign affairs said “they are human garbage” and they have nothing … nothing to do here…”

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.