Facts
The case concerns an individual, P., who sent a letter to 432 recipients, containing discriminatory statements against Jews. The letter was sent by the Swiss branch of the Universal Church, of which P. is a member. The content of the letter was considered an incitement to hatred and discrimination against Jews.
The Cantonal Court of Appenzell Ausserrhoden convicted P. of racial discrimination under art. 261bis SCC and sentenced him to 4 months in prison with probation and a fine of 5,000 Swiss francs. The decision was confirmed by the Higher Court of Appenzell Ausserrhoden.
P. filed a nullity appeal with the Federal Court, arguing that the decision violated federal law.
Considerations
The Federal Court examined the question of whether the statements contained in the letter constituted racial discrimination within the meaning of art. 261bis SCC. The Court considered that the statements were public, as they were addressed to a wide circle of recipients, and that they were likely to incite hatred and discrimination against Jews.
The Court also examined the question of P.'s criminal liability and considered that he had acted with intent and with motives of racial discrimination. The Court rejected P.'s argument that the statements were protected by freedom of expression and considered that the conviction was in accordance with federal law.
The Court also examined the question of the sentence and considered that it was…