ECHR obliges Ukraine to pay $12,500 to victims of attacks on Roma settlement in Odesa region

Source : 112 Ukraine

The state has to do all the payments within three months after the court's final decision
14:37, 6 November 2018


The European Court of Human Rights found the Ukrainian authority guilty of attacking Roma settlement in Odesa region in 2002 and required it to pay $12,500 to every of 12 victims, as the decision of the court says.

“The respondent State is to pay, within three months from the date on which the judgment becomes final, in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: EUR 11,000 (eleven thousand euros) to each of the second, third, sixth to ninth, eleventh, thirteenth to fifteenth, eighteenth and nineteenth applicants, plus any tax that may be chargeable, in respect of non-pecuniary damage; EUR 9,000 (nine thousand euros) to each of the first, fourth, fifth, tenth and twelfth applicants, plus any tax that may be chargeable, in respect of non-pecuniary damage; that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period, plus three percentage points,” the decision says.


Related: ECHR should establish when Russia took control over Crimea, - judge

The case is called “Burlya and others against Ukraine.” It concerns the complaints of Roma families filed against the Ukrainian authorities due to the bashing which took place in 2002 in Petrivka, Odesa region.

The claimants stated that the state was responsible for the incursion and looting, as the local authorities were at worst the accomplices of the crime and at best, they would do nothing to prevent illegal actions.

Related: Russia still has to live up to ECHR decisions, even if it leaves Council of Europe, - ECHR judge

ECHR unanimously decided that there are violations of right for respect for home and ban on discrimination, which are provided by the articles of the European Convention on Human Rights.

The court has also ruled that there were violations on the article No.3 of the Convention - prohibition of inhuman or degrading treatment.

Related: ECHR finds Russia guilty of death of Ukrainian who served in Transnistrian army

The court rejected the arguments of the Ukrainian authority which said that they never participated in the attack.

ECHR also noted that the decision of the law enforcers not to protect this group of people can be interpreted as humiliating.

It was also noted that the Ukrainian investigation was inadequate and unthorough.

Related: Ombudsman demands investigation into anti-Roma assault performed by far-right C14

Earlier, in September 2002, a 17-year-old Ukrainian boy was killed, in Petrivka village, Odesa region. One of the local Romani was suspected.

Right after this, the country people demanded all the Romani be expelled from the settlement. The village council supported them and ordered the law enforcers to execute the relevant decision.

However, hardly had the Romani started packing, angry people attacked their homes. The criminal case was opened on September 10, 2002 and suspended in 2009.

Related: Ukraine's far-right C14 conducts anti-Roma cleansing operation at Kyiv train station

For now, the suffered Romani live in Berezovsky district, Odesa region.

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