Malta / Court of Criminal Appeal / 58 / 2018

Country

Malta

Title

Malta / Court of Criminal Appeal / 58 / 2018

View full Case

Year

2019

Decision/ruling/judgment date

Monday, June 17, 2019

Incident(s) concerned/related

Violence
Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity

Groups affected

Black people or of African origin

Court/Body type

National Court

Court/Body

Court of Criminal Appeal (Inferior)

Key facts of the case

The case involves an appeal of a decision by the Court of Magistrates which found the accused guilty of physical assault and verbal abuse that were racially motivated. The original case revolved around an argument between the appallent and 2 Nigerian women during which the appellant (accussed) made remarks that the court deemed to be ‘incitement to racial hatred or violence’ as well as showing and during which the women were physically assaulted which assault was coupled with the statements noted above. The appeal is against the decision by the first court which found the accussed guilty.

Main reasoning/argumentation

The court provides an interesting analysis, through the use of both the wording of the Maltese Criminal Code and the world of the ICERD of the term racial hatred and then finds that the words uttered by the appellant (accused) was ‘aggressive, threatening and hateful’. The court concluded there was no doubt that this wording fell foul of the relevant legal provisions. The fact that the appellant (accused) had told the victims to ‘go back to your country’ etc. was, in the view of the court, a clear indication that the crime was racially motivated (and therefore fell within the aggravation provided for under the Maltese Criminal Code).

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 key issue was whether the defendant's assault and verbal abuse counted as incitement to violence and racial hatred as covered by the Maltese Criminal Code.

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

The Appeal Court upheld the decision of the Court of Magistrates, i.e. a sentencing to nine months imprisonment (including as a result of racial aggravation).

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

"Fil-fehma tal-Qorti m'għandux jkun hemm l-ebda dubju li fi kwalunkwe soċjeta ċivilizzata kliem bħal dak li ntqal mill-appellant għandu jitqies bħala kliem li jqajjem vjloenza jew mibgheda kontra persuni minhabba ir razza jew l-origini etnika taghhom u m'għandu qatt jiġi aċċettat fl-ebda ċirkostanzi."

"In the view of this court, there should be no doubt that in any civilised society, words such as those expressed by the appellant should be considered as speech that will incite to violence and hatred against people due to race or ethnic origin and should never be accepted under any circumstances. "

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