EuroPride Attack Verdict: A Clear Acknowledgement of Hate Motivation, Failure to Call a Hate Crime a Hate Crime

Three years ago, a group of LGBTIQ+ individuals were threatened and one was attacked after entering a bar following the EuroPride festivities in Gozo. The incident has just been judged as hate-motivated and LGBTI+ Gozo and members of the LGBTIQ+ Coalition applauds that the court upheld a verdict condemning violence and aggression in our society. This attack marked the second case of hatred occurring during Gozo’s Pride celebrations, with both cases being ruled by the court in favour of the victim. LGBTI+ Gozo, which supported both cases, welcomes the rulings as crucial steps toward justice, which set the precedent that hate has no place in our communities. 

However, we are also deeply concerned by systemic gaps that seem to acknowledge the attack as hate-motivated, yet fail to charge it as a hate crime. The incident was not flagged originally as a hate crime by authorities, despite affirmations from the victim, witnesses, LGBTI+ Gozo and other human rights activists, that this attack was motivated by perceived sexual orientation. It calls into question how apt first responders are in identifying hate crimes and moreover, listening to victims, witnesses, and experts. When this attack occurred, we were explicitly told the attack would not be charged as a hate crime because the victim did not articulate it as such, showing the weight and burden victims have to identify and verbalise what law has been broken after experiencing a traumatising event. Should this not be the duty of the investigating officer to determine what law has been broken, as experts in the judicial system, rather than the victim? We question why the police took the decision not to prosecute this case originally as a hate crime and demand accountability and transparency on how such cases are investigated, categorized, and prosecuted by law enforcement. 

It was clear and affirmed by the court that this attack was motivated by a hatred of the LGBTIQ+ community and, had the victim not been perceived as LGBTIQ+ by the perpetrator, no aggression would have occurred. Instead of utilising the robust legislation that protects our society from violence perpetrated by hatred, the court instead found the aggressor guilty of causing bodily injuries, making threats, and breaching the public peace, ordering a €1000 fine. This calls into question how effectively Malta’s equality and protective laws, lauded globally for their LGBTIQ+ inclusivity, are actually being implemented. It is worth asking whether these protections are genuinely reflected in practice or if they exist largely on paper. We remind the public that Article 38B of the Criminal Code is clear that hate crimes and speech are severe offenses against the fabric of our society. The law explicitly penalizes under threat of imprisonment anyone who: ‘...uses any threatening, abusive or insulting words or behaviour... with intent thereby to stir up violence or hatred against another person or group of persons on the grounds of gender, gender identity, sexual orientation, race, colour, language, ethnic origin, age, disability, religion or belief or political or other opinion…’’ 

This attack happened because of hatred. Hatred towards a person who was perceived as being LGBTIQ+ because of their attire and expression. Hatred towards an LGBTIQ+ person simply for occupying space in a heteronormative setting. We can not affirm that Malta is void of LGBTIQ+ discrimination or that LGBTIQ+ identities have been integrated fully into the social mentality when existing legislation is not being enacted when hate crimes occur. The nature of this attack has all the criteria to be charged as a hate crime. The LGBTIQ+ Coalition voices our concern that such a clear-cut case was not charged to the fullest extent of the law. This sends a message to the public that actions influenced by hatred may not be adequately litigated, despite clear evidence. 

The Coalition reminds our community to utilise existing resources for support, such as Victim Support Agency, LGBTIQ+ Wellbeing Service and Rainbow Support Service. We call on our judicial system to ensure that the hate-crime aggravates existing in the Maltese Criminal Code are actively and rigorously applied during the charging phase. The community needs to know that the state will prosecute hate crimes to the full extent of the law. 

This statement is endorsed by members of the LGBTIQ+ Coalition, including: 

LGBTI+ Gozo 

Allied Rainbow Communities (ARC) 

aditus Foundation 

Checkpoint Malta 

Drachma LGBTI+ 

Drachma Parents Group 

Malta Gay Rights Movement