Belgium / Court of First Instance Liège / Le Procureur du Roi vs. X

Country

Belgium

Title

Belgium / Court of First Instance Liège / Le Procureur du Roi vs. X

View full Case

Year

2019

Decision/ruling/judgment date

Tuesday, June 18, 2019

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Court of First Instance (Rechtbank van eerste aanleg)

Key facts of the case

On the occasion of a royal visit to a Muslim family, a couple posted messages on Facebook inciting hatred, including a picture of Hitler saying “put them all in the oven!”

Main reasoning/argumentation

The Facebook messages found and reported by the police are of such a nature as to incite hatred, which is corroborated by the reading of the comments. A look at one of the two accused persons' Facebook profile reveals that he is accustomed to publishing this type of hate-inciting images and comments.

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 defendants were prosecuted for one of the circumstances indicated in article 444 of the Penal Code, inciting hatred or violence against a person, because of one of the protected criteria, even outside the areas referred to in article 5 of the law of 30 July 1981, because of his nationality, alleged race, skin colour, descent or national or ethnic origin, in this case against the Muslim Community.

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

Both defendants are found guilty. One of the defendants is sentenced to 46 hours' community service. The other benefits from the suspension of the sentence for 5 years, subject to compliance with a number of conditions.

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

"Les messages qu'ils ont capturés et joints à leur procès-verbal sont de nature à inciter à la haine ce que corrobore la lecture des commentaires dont un de XXX qui consiste en la publication d'une photographie d'Hitler avec la mention « foutez-moi ça au four !! ». La consultation du profil Facebook de XXX révèle qu'il est habitué à la publication de ce type d'images et de commentaires incitant à la haine."

"The messages they found and attached to their minutes are of such a nature as to incite hatred, which is corroborated by the reading of the comments, including one from XXX, which consists of the publication of a photograph of Hitler with the words "put them all in the oven!! ». A look at XXX's Facebook profile reveals that he is accustomed to publishing this type of hate-inciting images and comments."

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.