Belgium / Court of first instance / 17RA33166
Country
Belgium
Year
2023
Decision/ruling/judgment date
Sunday, March 05, 2023
Incident(s) concerned/related
Hate speech: Public incitement to violence or hatred
Related Bias motivation
Religion
Nationality
Migrant status
Racial or ethnic origin
Groups affected
People of African descent
Court/Body type
National Court
Court/Body
Court of first instance (rechtbank van eerste aanleg)
Key facts of the case
The defendants in the case were part of a service responsible for the transfer of detainees. The service consisted of members of the police and security corps. Some members of the service had set up a WhatsApp group. An investigation by the Internal Surveillance Service of the local Antwerp police revealed that some of the messages were racially tinged and full of hurtful and aggressive statements. Some members of the service reported being victims of workplace harassment and/or racism and discrimination.
Main reasoning/argumentation
The prosecution had prosecuted the defendants for the following charges: discrimination during performance of duties (Article 23, 1st paragraph Antiracism Law) and violence and harassment at work (Article 119 Social Penal Code and Article 32bis, 1st paragraph Welfare 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 defendants were not prosecuted for the incitement offence under section 20 of the Antiracism Law. Nevertheless, the correctional court noted that mere contemplative discourses - however sharp, humiliating or polemical - do not fall under this provision. There must be incitement (incitement) of third parties to discrimination, hatred or violence and this with special intent.
Results (sanctions, outcome) and key consequences or implications of the case
The court acquitted all defendants for discrimination in the performance of official duties as the facts did not take place in a relationship between officials and citizens. For violence and harassment at work, the court acquitted 13 defendants. Five defendants were given a six-month jail term and a fine of 4,800 euros (three years suspended). One defendant was fined 3,600 euros (with a three-year reprieve). Six defendants were fined €4,800 (with a three-year reprieve). Four defendants received the favour of suspension of sentencing. The defendants were not prosecuted for the incitement offence under Article 20 Antiracism Law.
Key quotation in original language and its unofficial translation into English with reference details
"De zinssnede 'in de uitoefening van het ambt' veronderstelt dat het gaat om verticale relaties tussen personen in openbare dienst enerzijds en burgers anderzijds (…); het gaat derhalve niet om relaties tussen ambtenaren onderling of organisatie-intern gedrag."
"The phrase ‘in the performance of duties’ assumes that it refers to vertical relationships between persons in public service on the one hand and citizens on the other (…); it therefore does not refer to relationships between civil servants themselves or organisational internal behaviour."
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