Kernrechtsfrage
Whether the published media statement fulfilled Art. 261bis(4) StGB.
Extrahierter Entscheid
No. The statement, read as a whole and in context, did not deny the equal human worth of Kosovo Albanians or amount to unlawful racial disparagement.
Extrahierte Begründung
The Court held that the text criticized a political issue and referred to a perceived link between Kosovo immigrants and crime without stating that all Kosovo Albanians were criminal or violent. In political debate, criticism may be sharp and simplified if it remains based on objective grounds and does not amount to a general devaluation of the protected group.