Belgium / Court of first instance / 22D001301
Country
Belgium
Year
2023
Decision/ruling/judgment date
Tuesday, February 28, 2023
Incident(s) concerned/related
Hate speech: Public incitement to violence or hatred
Related Bias motivation
Racial or ethnic origin
Groups affected
Muslims
Court/Body type
National Court
Court/Body
Court of first instance (rechtbank van eerste aanleg)
Key facts of the case
A man posts pictures of Hitler, Nazi symbols and racist slogans on his public UK profile and on his two Instagram profiles. Numerous photographs of a negationist and right-wing extremist nature were found on the defendant's mobile phone and computer.
Main reasoning/argumentation
The prosecution prosecuted the accused for the following charges: Denying, grossly minimising, attempting to justify or approving the Holocaust (art. 1 Negationism Law). Inciting hatred or violence towards a group, a community or its members (art. 20, 4° Antiracism 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
The court ruled that the crimes were proven. The images that the defendant posted on his social media profiles showed that he approved of the Holocaust, according to the court. The number of posts and the use of a UK platform showed that the defendant wanted to incite hatred or violence against certain population groups.
Results (sanctions, outcome) and key consequences or implications of the case
The man was sentenced to six months' imprisonment and a fine of €800 (both with probation deferred for three years). The probation conditions included a guided visit to Dossin Barraks and seeking a meaningful day job. The Dossin Barracks worked with some public prosecutors to develop an educational pathway for perpetrators of hate crimes. Unia (equal opportunities centre and public party) is convinced that in a proportion of criminal cases (on hate crimes, hate messages, negationism and criminal discrimination) alternative measures and alternative sentences have a positive impact.
Key quotation in original language and its unofficial translation into English with reference details
"Het lezen van dit soort van boodschappen kan voor bepaalde individuen de spreekwoordelijke druppel zijn die hen aanzet tot het plegen van zinloos geweld. Hierdoor ondermijnde beklaagde het vreedzaam samenleven van alle burgers die deel uitmaken van onze samenleving. De impact van deze handelingen van beklaagde op de door hem geviseerde personen is enorm. Hij raakt hen in hun eigenheid en geeft hen een gevoel van uitsluiting. "
"Reading this kind of message can be the proverbial straw that prompts them to commit senseless violence. As a result, the accused undermined the peaceful coexistence of all citizens who make up our society. The impact of these actions of defendant on the persons he targeted is enormous. He affects their individuality and gives them a sense of exclusion."
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.