This is a significant ECHR judgment concerning allegations of police ill-treatment of three Roma individuals in Greece during their arrest and detention in 2016. The key aspects are: Main findings:
- The Court found violations of Article 3 (prohibition of inhuman treatment) in its procedural aspect regarding all three applicants due to ineffective investigation of their complaints
- Violations of Article 3 in its substantive aspect were found for two applicants (first and third) due to excessive force used during arrest
- A violation of Article 14 (discrimination) in conjunction with Article 3 was found in its procedural aspect due to failure to investigate possible racial motivation
- No violation of Article 14 with Article 3 was found in the substantive aspect as racist motivation could not be definitively established
Key provisions:
- The Court emphasized authorities’ duty to conduct effective investigations into allegations of ill-treatment, including possible racial motives
- The judgment clarified standards for assessing evidence of discriminatory treatment and investigating racist motives
- It reinforced principles regarding the burden of proof in cases alleging racially-motivated violence
- The Court awarded compensation ranging from €12,000-20,000 to the applicants for non-pecuniary damage
Significance:
- The case highlights ongoing issues with police treatment of Roma in Greece and requirements for effective investigation of such incidents
- It reinforces standards for investigating possible discriminatory motives in cases of alleged police violence
- The judgment provides guidance on assessing evidence and burden of proof in cases alleging racially-motivated ill-treatment
