Slovakia / Specialized Criminal Court / 4T/18/2018

Country

Slovakia

Title

Slovakia / Specialized Criminal Court / 4T/18/2018

View full Case

Year

2018

Decision/ruling/judgment date

Friday, June 15, 2018

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity
Race/Ethnicity
Migrant status

Groups affected

Migrants
Black people or of African origin

Court/Body type

National Court

Court/Body

Specialized Criminal Court,office Banská Bystrica

Key facts of the case

The case concerns online incitement to violence and hate through public Facebook profile against group of persons based on their actual or presumed affiliation to race, nation, ethnic group and based on their actual or presumed origin, skin-colour, religion, public incitement to oppression of their freedoms and rights.

In particular, the defendant published on his Facebook profile a picture of a soldier with a rifle from a barrel point of view with a commentary „ We are expecting them...Negros, who want to come...“.
He also commented „The only welcome for migrants!! “ on a picture posted on other public Facebook profile depicting three soldiers in German uniforms, one of which was using a machine gun.

He also continually kept and disseminated materials of extremist character. In particular, mainly related to White Power ideology and affiliation to groups promoting oppression of basic human rights of Jews, Roma and foreigners.

Main reasoning/argumentation

The case was not put through a public court trial. The judge of the Specialized Criminal Court issued a verdict accepting the agreement between the prosecutor of the Special Prosecution Office of the General Prosecutors Office of the Slovak Republic and the defendant. By accepting the agreement, the defendant renounced himself from the right to public trial and appeal from verdict.

He was convicted of offense of incitement to violence and hate based on §424 art. 1, of the Criminal Code in parallel with crime of dissemination of extremist material according to §422b art 1 , art.2 letter b) of Penal Code and other (Act no. 300/2005 Coll Criminal Code). The issued verdict did not contain further argumentation beyond list of committed offense, crime and gathered evidence (stated in key facts).

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 case did not bring new interpretations or concepts. Defendant accepted the agreement proposed by the prosecutor from the Special Prosecution Office of the General Prosecutors Office of the Slovak Republic.

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

The Specialized Criminal Court issued a verdict accepting the agreement between the defendant and the prosecutor of the Special Prosecution Office of the General Prosecutors Office of the Slovak Republic. The court did not find any major violation of procedural rules and did not find the agreement as obviously inadequate. Based on the agreement confirmed by the verdict, the defendant was sentenced to cumulative 2 years of imprisonment, while applying suspended term of imprisonment and supervision for 3 years period.

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

The court did not issue its own reasoning, it just accepted the agreement between the Special Prosecutor Office and the defendant.

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