The European Court of Human Rights (ECtHR) has confirmed protection for victims of hate crime that are targeted due to their association with others who are actually or presumed to be belonging to a particular group.
The applicant, Maja Škorjanec is a Croatian living in Zagreb. In June 2013, while crossing a market in Zagreb, her partner was verbally and physically assaulted on the grounds of his Roma origin by two men. While attempting to come to his aid, the applicant had been targeted by being pushed to the floor and kicked in the head. The two attackers were convicted for the hate crime as committed against Ms Škorjanec’s partner, however, she was only considered as a witness and not as a victim. A criminal complaint was placed with the Zageb Municipal State Attorney’s Office which claimed that Ms Škorjanec has also been a victim, however, this was rejected due to the lack of indication that the attack on Ms Škorjanec had been due to hatred towards Roma – as she is not of Roma origin herself.
The Court examined the case and concluded a violation of Article 3 (prohibition of inhuman or degrading treatment) and Article 14 (prohibition of discrimination) of the European Convention on Human Rights (ECHR). In its judgement, the Court held that the Croatian legal system had in place adequate legal mechanisms that provided a satisfactory level of protection in cases of hate crime. However, the authorities’ actions in regards to processing Ms Škorjanec’s case had been wholly inadequate. Firstly, the Croatian authorities fell short in carrying out a thorough investigation on the connection between her partner’s origin and the assault that had been committed against her. Secondly, Ms Škorjanec had been treated as a mere witness in her partner’s case. Thirdly, the Court found that the authorities wrongly insisted on the fact that Ms Škorjanec was not of Roma origin and failed to properly investigate the possible perception of her being of Roma origin.
This case highlights the very real need for adequate hate crime legislation and procedures of investigation. In an Irish context, documents that have been released by the Courts Service under the Freedom of Information Act that there have been only five convictions for hate crime in the last three decades.
However, as the European Network against Racism Ireland (ENAR Ireland) shows in their iReport, race hate crimes are on the rise in Ireland and our current legislation, the Prohibition of Incitement to Hatred Act 1989, is wholly inadequate. The global political climate has an effect on us and as Shane O’Curry, director of ENAR Ireland, states “when racist violence and dehumanising attitudes against minorities are not treated seriously, hate speech from overseas finds fertile ground in Ireland.”
Click here for the European Court of Human Rights judgement in Škorjanec v Croatia.
Click here for the iReport.
Click here for an Irish Times article on recent hate crime figures in Ireland.