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Memedov v. North Macedonia, No. 31016/17, ECtHR (Fifth Section), 24 June 2021

Abstract

Racially motivated brutality by the Macedonian police and failure by the defendant state to investigate possible racist motivations for the reported acts.

Normative references

Art. 14 ECHR
Art. 1 Prot. 12 ECHR
Art. 3 ECHR

Ruling

1. The meaning of the term "discrimination" in Article 1 of ECHR Prot. No. 12 is identical to that found in Article 14 of the Convention.

2. Article 14 of the ECHR, read in conjunction with Article 3 of the ECHR, requires national prosecuting authorities to investigate possible racist motives in cases of aggression against members of a minority. In order to take all possible measures to ascertain whether a discriminatory attitude may have played a role in the events.
(During a police operation in a neighbourhood of Skopje, inhabited mainly by persons of Roma ethnicity, some officers used verbal and physical violence against the applicant, because of his Roma origin).