Spain, Algeciras Criminal Court No. 3 (Juzgado de lo Penal número 3 de Algeciras), March 2021.

Country

Spain

Title

Spain, Algeciras Criminal Court No. 3 (Juzgado de lo Penal número 3 de Algeciras), March 2021.

View full Case

Year

2021

Decision/ruling/judgment date

Monday, March 01, 2021

Incident(s) concerned/related

Incitement to violence or hatred

Related Bias motivation

Race/Ethnicity
Migrant status
Religion

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Algeciras Criminal Court No. 3 (Juzgado de lo Penal número 3 de Algeciras)

Key facts of the case

A 63-year-old person of Spanish nationality from Algeciras (Cádiz) disseminated many violent content publications through his Facebook profile, clearly and directly inciting hatred and violence against Muslim immigrants. The publication of the material online was made without restriction, and the accused had more than 200 friends on his Facebook profile. The Navarra Civil Guard investigated to identify the user of that profile due to the seriousness and cruelty of the contents poured into social networks. It resulted in the full identification of the accused. Then, he was arrested in the Navarra region, and his case was transferred to the Public Prosecutor of the Office of the Algeciras Area (Cádiz).

Main reasoning/argumentation

As the publication of the material on the Internet was made without any restriction, it was concluded that the messages of incitement to hatred, violence and discrimination published could have reached a large number of users of this social network (he had more than 200 friends on the Facebook profile).

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 Navarra Civil Guard operation is part of the priorities for investigating and prosecuting hate crimes, framed in the Action Plan to Combat Hate Crimes (Plan de Acción de Lucha contra los delitos de odio) because the publication of comments on social media “without any restrictions.”

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

The Algeciras Criminal Court issued a judgment condemning the accused of committing a crime of provocation to discrimination and xenophobia through social networks, covered under Article 510 of the Criminal Code. The Court imposed one year and six months imprisonment, plus eight months fine and one year and six months special disqualification from the right to stand as a political candidate. The decision is subject to appeal.

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

not available

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