Experts of delegation of Council of Europe’s European Commission against Racism and Intolerance (ECRI) on the 7th of April in the Supreme Court met Peteris Dzalbe, e. d. of the Chair of the Department of Criminal Cases of the Senate, Ervins Kuskis, the Chair of the Chamber of Criminal Cases and Pavels Gruzins, the Head of the Division of the Case-law to listen explanation of court representatives about case-law of Latvia in cases about racism and intolerance.

Pavels Gruzins indicated that few cases were reviewed in Latvia’s case-law until now, in which charges was brought with the Article 78 of the Criminal Law for incitement of racism and ethnic hatred, so the Supreme Court didn’t find necessary to examine the case-law about this category of cases. However, if this issue is topical, the Head of the Division of the Case-law promised to make such research and make ECRI acquainted with its results.

Experts were interested in arguments of the court in concrete criminal cases, searching for balance between freedom of expression and incitement of hatred. Particular interest was raised by so called Jordan’s case. The court acquitted the accused person, who was incriminated actions directed against concrete ethnic groups. Peteris Dzalbe, e. d. of the Chair of the Department of Criminal Cases of the Senate explained that reason of acquittal was not admission of his innocence, but the fact that charge for incitement of ethnic hatred or intolerance was brought incorrectly, but actions directed, in opinion of prosecution, against concrete ethnic groups were incriminated.

Representatives of the Supreme Court drew attention to amendments in Criminal Law implemented in 2007 that extended responsibility for incitement of hatred. Before amendments were adopted, responsibility was established only for actions directed to incitement of national and racial hatred or intolerance. However, now the responsibility has been extended to incitement of ethnic hatred. Court representatives explained that in the case commission was interested in the accused committed actions he was charged with, before amendments of Criminal Law were adopted. So it was impossible to sentence him for actions, if responsibility for them was not established at that time.

At present legislative standards have changed, and such actions would be evaluated according to present ruling of Criminal Law. The state turns great attention to legal ruling of ethnic issues. Such a conclusion was made from the fact that responsibility for incitement of ethnic hatred has been included in the Chapter “Crimes against Humanity and Peace, War Crimes and Genocide”.

 

Raluca Besteliu, the head of the ECRI commission expressed satisfaction about meeting in the Supreme Court and complete information that will be reflected in report of commission about Latvia.

This was running monitoring visit of ECRI to Latvia, as commission regularly – once in 4 years – implements monitoring of situation in field of racism and intolerance in Europe’s Council countries, visiting each country. Report containing evaluation of situation and recommendations related to it, is prepared after the visit.

Representatives of ECRI met numerous state institutions and nongovernmental organisations during their visit to Latvia from 4th till 8th of April.


Information prepared by

Head of the Division of Communications of the Supreme Court Rasma Zvejniece

E-mail: rasma.zvejniece@at.gov.lv, telephone: 7020396, 28652211