Spain/ Catalunya High Court (Tribunal Superior de Justicia de Cataluña)/, Judgment no. 12 of January 9, 2024. Criminal Appeals Chamber of the Civil and Criminal Chamber. High Court of Justice of Catalonia. Appeal Chamber Roll 406/2023 (Sentencia nº 12 d

Country

Spain

Title

Spain/ Catalunya High Court (Tribunal Superior de Justicia de Cataluña)/, Judgment no. 12 of January 9, 2024. Criminal Appeals Chamber of the Civil and Criminal Chamber. High Court of Justice of Catalonia. Appeal Chamber Roll 406/2023 (Sentencia nº 12 de 9 de enero de 2024. Sala de Apelación Penal de la Sala Civil y Penal. Tribunal Superior de Justicia de Cataluña. Recurso de Apelación Rollo de Sala 406/2023), 9 January 2024.

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Year

2024

Decision/ruling/judgment date

Sunday, September 01, 2024

Incident(s) concerned/related

Violence

Related Bias motivation

Racial or ethnic origin

Groups affected

Muslims

Court/Body type

National Court

Court/Body

Catalunya High Court (Tribunal Superior de Justicia de Cataluña)

Key facts of the case

Even though there was no prior confrontation or conflict between the parties and before the facts, the parties didn't even know one another, the defendant delivered multiple blows to the child's head and severed a portion of his finger by biting the child, then striking the child's head, face, and arm. The defendant also used disparaging remarks like "Go to your country" and "What are you looking at, you fucking Moor" while assaulting him.

Main reasoning/argumentation

The defendant directly addressed the victim with the derogatory terms due to his origin already referred to and, subsequently, physically attacked him and his son and shows or reaffirms his contempt the victim by reason of his origin. After being arrested he again manifested in the presence of Local Police officer number 523 the same or similar expression: "Moor of shit".

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 implicit contempt that discriminatory behavior entails for the person being discriminated against is linked to both equality and human dignity. As a result, it is not only protected by the typicity of hatred of the dignity and right to equality of those who have the concept of vulnerability, but also by the fact that those who fall under one of the groups of article 510 of the Criminal Code are protected from hate speech because it is equality of all, not just of some. The behavior that is hated when a "non-vulnerable" is no longer qualifies as typical.

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

It confirmed the Judgment by dismissing the appeal filed by the defendant's defense.

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

"(…) al que no conocían previamente y sin que hubiera existido ninguna discusión o enfrentamiento previo, con voluntad de humillarlos o menospreciarlo por el origen racial de ambos, espetó al Sr.( ...)con frases tales como “que mira moro de mierda” y “Vete a tu país”) "(…) whom they did not know previously and without there having been any previous discussion or confrontation, with the intention of humiliating or belittling him because of their racial origin, he snapped at Mr. (...) with phrases such as " look moor of shit” and "Go to your country"".

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