BURLYA AND OTHERS v. UKRAINE - 3289/10 (Judgment : Struck out of the list : Fourth Section) [2018] ECHR 907 (06 November 2018)

BURLYA AND OTHERS v. UKRAINE - 3289/10 (Judgment : Struck out of the list : Fourth Section) [2018] ECHR 907 (06 November 2018)

The Court found that the applicants suffered inhuman and degrading treatment due to the attack and destruction of their homes, compounded by State failure to prevent or effectively investigate the incident, and that this amounted to discrimination based on Roma ethnicity. The State violated Articles 3 and 14 of the Convention.

Citation
[2018] ECHR 907
Parties
Applicants: Burlya and Others; Respondent: Ukraine
Jurisdiction
European Union
Judgment Date
06 November 2018
Procedural Posture
Application to European Court of Human Rights / Final Judgment
Outcome
Application partly allowed, partly struck out
Legal Topics
Ethnic Discrimination, State Responsibility, Effective Investigation, Inhuman and Degrading Treatment, Property Destruction, Victim Status, Exhaustion of Remedies
Human Rights Discrimination Criminal Law Civil Procedure Ethnic Discrimination State Responsibility Effective Investigation Inhuman and Degrading Treatment +3 more

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Parties

Burlya and Others

Applicants

Ukraine

Respondent

Procedural Posture

Application to European Court of Human Rights / Final Judgment

Legal Issues

  1. 1 Whether the attack and destruction of applicants' homes amounted to inhuman and degrading treatment under Article 3
  2. 2 Whether the State was complicit or failed to prevent/investigate the attack
  3. 3 Whether applicants suffered discrimination based on Roma ethnicity under Article 14

Ratio Decidendi

The Court found that the applicants suffered inhuman and degrading treatment due to the attack and destruction of their homes, compounded by State failure to prevent or effectively investigate the incident, and that this amounted to discrimination based on Roma ethnicity. The State violated Articles 3 and 14 of the Convention.

Court Disposition

Application partly allowed, partly struck out

Orders

  • Application struck out as regards the seventeenth applicant and the sixteenth applicant for lack of standing and victim status.
  • Eighteenth applicant's wife allowed to pursue application.