Judgment of Burlya and Others v. Ukraine: Local authorities held accountable for violating Convention rights of Roma residents in pogrom

By Tess Heirwegh, PhD researcher at the Human Rights Centre, Ghent University

This blog post will focus on the recent case of Burlya and Others v. Ukraine to highlight the negative role that local authorities may play in human rights realisation and why it is essential that the Court held them explicitly accountable for it. In this judgment of 6 November 2018, the Strasbourg Court dealt with the complaints of 19 Ukrainian nationals of Roma ethnicity following a pogrom by village residents against their houses. First, the Court held that this attack had undoubtedly been motivated by anti-Roma sentiment. Second, it stated that the applicants who had been forced to flee their homes due to this attack had suffered degrading treatment. One important factor for this finding was the local authorities’ attitude during the events, namely the appearance of their official endorsement for the attack, as well as the ineffective investigation into the crime. Therefore, the Court found a violation of both the substantive and procedural aspect of Article 3, taken in conjunction with Article 14 ECHR. Moreover, these findings were sufficient for the Court to rule that Article 8, taken in conjunction with Article 14 ECHR, had been violated as well. Continue reading