Romanov and Others v. Russia, Nos. 58358/14, 7146/15, 25887/15, 42395/15, 56617/19 and 56637/19, ECtHR (Third Section), 12 September 2023

Violent physical attacks and homophobic hate speech against members of the LGBT community. Failure to take effective preventive measures to protect LGBTI people and to conduct an effective investigation. Violation of prohibition of discrimination and of inhuman and degrading treatments.

Art. 3 ECHR
Art. 14 ECHR

1. Discriminatory treatment can in principle amount to degrading treatment within the meaning of Article 3 where it attains a level of severity such as to constitute an affront to human dignity. Discriminatory remarks and racist insults must in any event be considered as an aggravating factor when considering a given instance of ill-treatment in the light of Article 3.

2. When investigating violent incidents such as ill-treatment, State authorities also have a duty to take all reasonable steps to unmask possible discriminatory motives for a violent act. They must examine all the facts that may be indicative of violence fuelled by hatred towards the victim, including possible homophobic motives. It is particularly important that the official investigation be pursued with vigour and impartiality, having regard to the need to continuously reassert society’s condemnation of such acts and maintain the confidence of minority groups in the ability of the authorities to protect them from discriminatory violence.
(The applicants, members of the LGBTI community, complained about the violation of the prohibition of inhuman and degrading treatment and the prohibition of discrimination, following the violent verbal and physical attacks they had been subject to during separate events. They alleged that the domestic authorities had neither adequately protected them nor investigated their complaints. The Court found a violation of Article 3 in conjunction with Article 14 given the state’s failure to fulfil its obligation to respond adequately to homophobic statements and physical attacks).

Russia was also found in breach of Article 5(1) for unlawful arrest and detention. The state further violated the right to freedom of peaceful assembly under Article 11 read in the light of Article 14, by both preventing the applicants’ participation in a public event through unlawful arrest and failing to deter homophobic verbal and physical attacks without duly facilitating the conduct of the event.