Belgium / Criminal court / 22O000596

Country

Belgium

Title

Belgium / Criminal court / 22O000596

View full case

Year

2023

Decision/ruling/judgment date

Thursday, November 09, 2023

Incident(s) concerned/related

Hate speech: Public incitement to violence or hatred

Related Bias motivation

Religion
Racial or ethnic origin

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Criminal court (Correctionele rechtbank)

Key facts of the case

The defendant was prosecuted for posting hate-inciting content on social media, glorifying Nazism and targeting Muslims and Jews. He operated multiple accounts and websites, spreading messages that fostered hostility and division. The case was brought to court by Unia, acting as the civil party, highlighting the discriminatory nature of the content and its focus on Muslims as a group. Unia stated that the content created a hostile atmosphere against minorities and contributed to societal polarization.

Main reasoning/argumentation

The prosecution had prosecuted the accused for the following charges:  inciting hatred or violence towards a group (art. 22, 4° Antiracism Law) and approval of genocide during World War II (art. 1 Negationism Law).

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

Regarding the incitement offence, the correctional court noted that the man did not publicly incite to resort to physical violence. But through the persistent and consistent dissemination of his messages, he indirectly contributed to a climate of polarisation, fear and hatred which could be perceived by certain minorities as a form of psychological violence and/or threat to integrity.

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

The man was sentenced to six months' imprisonment and a fine of 1,600 euros. He was disqualified from exercising a number of rights for five years (Article 27 Antiracism Law). Civil party Unia (equal opportunities centre) was awarded €500 in damages and €280 in legal costs. Finally, the defendant was ordered to make reparation in kind which means removing the posts in question.

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

"De feiten getuigen van een gevaarlijke ingesteldheid waartegen de maatschappij dient te worden beschermd. Het feit dat de beklaagde zelfs na het opstarten van het onderzoek en de confrontatie met een huiszoeking blijft volharden in de boosheid, bevestigt dit des te meer." "The facts testify to a dangerous mindset against which society should be protected. The fact that the accused, even after initiating the investigation and confronting a search of the house, persists in anger, confirms this all the more."

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.