A/50/476
English
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165. Belgium has adopted a law which provides that persons denying that the gas
chambers existed will be liable to a heavy fine and a sentence of up to one
year’s imprisonment. 94/
166. Italy has also strengthened its legislation, inter alia in relation to the
dissemination of racist ideas. 95/
167. The Portuguese Government indicates that the new Penal Code, which will
enter into force on 15 October 1995, contains a number of provisions to punish
homicide aggravated by racial, religious or political hatred, slavery, genocide,
racial discrimination, insulting behaviour for reasons of religious belief,
desecration of a corpse or place of burial, public incitement to a crime, public
expression of approval of a crime, and criminal association, or to prohibit
terrorist organizations and terrorism. 96/ In addition, the dissemination or
transmission of messages or programmes constituting an incitement to violence or
contrary to the criminal legislation may be penalized under the legislation
relating to the press, radio and television. Lastly, the law on fascist
organizations prohibits violence and the upholding or dissemination of values,
principles, institutions or methods such as war-mongering, violence as a form of
political struggle, colonialism, and racism. Other reflections of this concern
are to be found in the regulations on the status of deputies and the Political
Parties Act, with regard to exercise of the right to air time. In the former
case, being sentenced by a court for membership in an organization with a
fascist ideology constitutes grounds for loss of the status of deputy. 97/
168. It must be noted that knowledge that the courts are ready to impose strict
penalties constitutes a very persuasive deterrent factor. Nevertheless,
non-application of the laws or imposition of inadequate or inappropriate
penalties by the criminal courts may deter victims of racist behaviour from
seeking redress in the courts. In a number of countries, an increase in the
rigour of the legislation has led simply to the acquittal of accused persons
guilty of committing racist acts on whom judges or juries did not feel that they
should impose the exemplary penalties provided for by the law. 98/ Moreover,
very often it appears difficult to prove the racist nature of an action or of
the motivation which led to a given act. 99/ It would seem that the victims of
racist acts seek redress in the courts only when the behaviour directed against
them is sufficiently condemned by public opinion. The courts themselves tend to
find the accused guilty only when they consider that the law, and hence the
unlawful status of an action, is not out of line with the state of awareness of
society as a whole.
E.
Ratifications of and accessions to the International
Convention on the Elimination of All Forms of Racial
Discrimination
169. The recent ratifications of the International Convention on the Elimination
of All Forms of Racial Discrimination, in 1993 by Armenia, Bosnia and
Herzegovina, the Czech Republic, the Republic of Moldova, and Slovakia, in 1994
by Albania, Switzerland, Turkmenistan and the United States of America, and
lastly by Tajikistan in 1995, reflect the will of the international community to
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