X and Y v North Macedonia: A missed opportunity to improve the case law on anti-Roma custodial violence

By Emma Várnagy (Teaching Assistant at the Faculty of Law, Safety and Governance, The Hague University of Applied Sciences)

The case of X and Y v North Macedonia (Application no. 173/17) concerns the beating of two Roma youths by the police and the subsequent inaction concerning the investigation of their ill-treatment. In fact, it has a strikingly similar fact pattern to a number of cases throughout the last two decades, such as Assenov and Others v Bulgaria (1998); Bekos and Koutropoulos v Greece (2005); Stefanou v Greece (2010); or A.P. v Slovakia (2020). These cases all concern the apprehension of Roma minors for suspected theft and their ill-treatment in police custody. The novelty of X and Y is that it is the first time the discrimination claim was also raised under Article 1 of Protocol No. 12, thereby offering an opportunity that the Court could have taken to formulate its approach to racist violence at the hands of public authorities.

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