Poland / Court of Appeal of Warsaw / Judgement of 12 January 2022, case no. II AKa 33/21

Country

Poland

Title

Poland / Court of Appeal of Warsaw / Judgement of 12 January 2022, case no. II AKa 33/21

View full Case

Year

2022

Decision/ruling/judgment date

Wednesday, January 12, 2022

Incident(s) concerned/related

Violence

Related Bias motivation

Nationality

Groups affected

Third country nationals

Court/Body type

National Court

Court/Body

Appeal Court of Warsaw (Sąd Apelacyjny w Warszawie)

Key facts of the case

The defendant used violence and unlawful threats against a citizen of an Arabic country on the grounds of his national, racial and ethnic origin, by punching him in the face with his fist and threatening him with death while displaying a tattoo containing, inter alia, the image of a swastika, acting in public. The first instance court acquitted the defendant of this charge. The judgement was appealed against by the public prosecutor and the victim's attorney.

Main reasoning/argumentation

The court of appeal made a comprehensive and thorough assessment of the evidence. As a result, it determined that the defendant's line of defence, which invoked, inter alia, a necessary defence against an attack by the victim or a citizen's capture, did not merit any consideration.

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

In the court's view, the excuses expressed in the reasons for the judgment of the court of first instance, which concern the interpretation of the defendant's demonstrative display of a swastika tattoo to the victim, after hitting him in the face, with shouts of death, are inadmissible and unacceptable. Downplaying a tattoo with clear fascist swastika signs inscribed in a larger cross sign and attempting to interpret the unambiguous association of swastikas, is discrediting. To state that these tattoos represent "an attachment (of the accused) to the Slavic tradition" rather than "an aversion to the Arab race" blatantly contradicts common knowledge, historical and social experience.

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

The court of appeal has repealed the judgement of the court of the first instance and referred the case to that court for reconsideration.

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

"Sąd (pierwszej instancji - red.), odrywając się od powszechnej wiedzy, rozsądku i doświadczania życiowego, uznał gorszące poglądy oskarżonego, jakoby <> i <> mogło polegać na brutalnym, poniżającym, zastraszającym traktowaniu obcokrajowców, by <>. Głoszenie takich poglądów jest szkodliwe i niedopuszczalne." "The court (of first instance - ed.), departing from common knowledge, reason and life experience, found the defendant's views that <> and <> could consist of brutal, humiliating, intimidating treatment of foreigners to <>. Preaching such views is harmful and unacceptable."

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