Failure to investigate attack on Roma settlement leads to local reforms

...the houses of the Roma villagers were destroyed, the Roma were chased away, [and] some were beaten up…

Constantin Cojocariu, lawyer of the applicants, writing in Pe drept vorbind

Background

There was a dispute between Roma and non-Roma residents in nearby villages. A notice was displayed by the non-Roma residents, saying that the Roma residents’ houses would be burnt down the following day. The local authorities were informed about the threat but refused to intervene.

The non-Roma villagers then burnt down all of the Roma villagers’ houses. The Roma villagers were forced to live in dreadful conditions in nearby stables, without heating or running water. They complained to the prosecutor and the local courts about the attack but their case was rejected. The Roma villagers were told that they were to blame for what had happened.

Judgment of the European Court of Human Rights

After the applicants had sent their case to the European court, the Romanian government issued a declaration. This accepted that the Roma villagers’ rights had been violated. The authorities had failed to examine their case properly, and the local courts had failed to give them a fair trial. The government promised to pay each of the applicants around 30,000 euros in compensation and undertake widespread reforms.

Follow-up

The Romanian government approved an educational programme in the applicants’ area to tackle anti-Roma discrimination. Local authorities launched a programme aimed at improving schools in the area and the local infrastructure, as well as helping Roma villagers have access to decent living conditions and economic activities.

Additional information

Themes:

Related examples

Better protections for peaceful demonstrations after protest was banned

An NGO organised a series of demonstrations in Warsaw, to highlight discrimination against women and minorities. The gatherings were banned, after the city’s mayor said that he was against them because they included support for gay rights. The European court ruled that the ban violated the right to public assembly. This led to changes to Polish law to protect the right to protest.

Themes: Right to equality and freedom from discrimination Freedom of assembly

Poland

Legal aid system introduced after woman suffering from domestic violence was unable to access the courts

Mrs Airey wanted to be legally separated from her husband, who was allegedly a violent alcoholic. However, there was no legal aid and she could not afford the lawyers’ fees. The European Court of Human Rights ruled that the lack of legal aid effectively denied Mrs Airey access to a court, breaching her basic rights. Legal aid for such cases was introduced in Ireland in the following year.

Themes: Right to equality and freedom from discrimination Right to a fair trial Freedom from violence against women

Ireland

Man’s struggle leads to the legalisation of homosexuality in Ireland

David Norris suffered from anxiety attacks and depression after realising that any open expression of his homosexuality could lead to a criminal prosecution. The European court ruled that the criminalisation of his sexuality breached his basic rights. In 1993, this led to the full legalisation of homosexual acts between consenting adults under Irish law.

Themes: Right to equality and freedom from discrimination Right to family life