Human Rights Centre submits third party intervention in a case concerning ethnic profiling by law enforcement officers

By Sien Devriendt and Tess Heirwegh, PhD researchers, Human Rights Centre (Ghent University)

The Human Rights Centre of Ghent University[1] has submitted a third party intervention in the case of Zeshan Muhammad against Spain. The case concerns the use of ethnic profiling by law enforcement officers. The applicant, a Pakistani citizen, was stopped for a police identity check solely on the basis of his skin colour. When Mr. Muhammad asked to explain the reasons for the identity check, the police officer answered “because you are black”. He initiated state liability proceedings, but his complaints have been dismissed at first instance as well as on appeal. Furthermore, he lodged an amparo appeal with the Constitutional Court, but to no avail. The applicant holds that there has been a violation of his right not to be discriminated against on grounds of race, colour or ethnic origin (Article 14 or, alternatively, Article 1 Protocol 12 jo. Article 8 of the Convention). Moreover, he complains under Article 8 of the Convention that the State failed to take all reasonable steps to uncover any possible racist motives behind the incident. Finally, he states that there has been violation of his right to a fair hearing (Article 6 § 1 of the Convention). In this post, we highlight our key arguments. The full text of the third party intervention can be found here. Continue reading

Škorjanec v Croatia: victims of racist hate-crime “by association” protected by ECHR

When criminal offences are committed out of hate towards people with a particular skin color, gender, religion, sexual orientation, etc; this hate component is often considered to be an aggravating factor leading to a higher penalization of the crime. The primary victims of these hate crimes are the people who actually possess one those characteristics. Hate however often extends to people who do not have any connections with these characteristics, but who are perceived as belonging to a group having these characteristics. An example is Sikhs who are perceived as Muslims and as a consequence have been victim to islamophobia. A third group of potential victims of hate crimes are people who are associated or affiliated with others who actually or presumably possess (one of) these characteristics. This could for example be through family ties, friendship, membership to some organisations etc. In the case of Skorjanec v. Croatia, the European Court of Human Rights is confronted with this last category of hate crimes This case concerns in particular a possible racist hate crime by association.     Continue reading