CEDH · CASELAW;CLIN;ENG — 24 juillet 2012

.s3ABFC313 { font-size:10pt } .sEB86A30B { margin-top:0pt; margin-bottom:14pt; page-break-after:avoid } .sBB9EE52A { font-family:Arial } .sA241FE93 { margin-top:0pt; margin-bottom:18pt; text-align:justify; page-break-after:avoid; border-bottom:0.75pt solid #000000; padding-bottom:1pt } .s2EF62ED2 { margin-top:0pt; margin-bottom:0pt; font-size:12pt } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .s29100277 { font-family:Arial; font-weight:bold } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s8F2B0B1B { margin-top:12pt; margin-bottom:12pt; page-break-after:avoid; font-size:12pt } .sA36B60A1 { font-family:Arial; font-style:italic } .s5F48796F { margin-top:12pt; margin-bottom:0pt; text-align:justify } .s5CB9E8AB { margin-top:12pt; margin-bottom:0pt; text-align:justify; border-bottom:1pt solid #000000; padding-bottom:1pt } .sDF790F1E { margin-top:12pt; margin-bottom:0pt; text-align:center } .s7ED160F0 { text-decoration:none } .s3DC36BA9 { font-family:Arial; text-decoration:underline; color:#0069d6 } Information Note on the Court’s case-law No. 154 July 2012 B.S. v. Spain - 47159/08 Judgment 24.7.2012 [Section III] Article 14 Discrimination Ineffective investigation into possible racist motivation for ill-treatment allegedly suffered by Nigerian prostitute: violation   Facts – The applicant is a woman of Nigerian origin who worked as a prostitute at the material time. In July 2005 she was stopped for questioning on three occasions; she alleged that she was beaten and racially abused on each occasion. Following the third such incident, she lodged a criminal complaint and attended a hospital. After being stopped for questioning a fourth time, she lodged a further complaint in which she alleged, among other things, that women with a “European phenotype” were not stopped by the police. She again went to hospital for an examination. Law – Article 3 (a)   Procedural aspect – The investigation had been inadequate in many respects: in particular, the only report examined had been submitted by the official superior of the police officers accused in the case, the authorities had refused to organise an identity parade using a two-way mirror and the medical reports had not been taken into consideration. Accordingly, the investigation had not been sufficiently thorough and effective to satisfy the requirements of Article   3. Conclusion : violation (unanimously). (b)   Substantive aspect – The medical reports were inconclusive as to how the injuries observed on the applicant might have been sustained, and their cause could not be established beyond all reasonable doubt from the evidence submitted. Conclusion : no violation (unanimously). Article 14 in conjunction with Article   3 ( procedural aspect ): The Court reiterated that the authorities’ duty to investigate whether there was any link between racist attitudes and an act of violence was an aspect of their procedural obligations under Article   3, but could also be seen as implicit in their responsibilities under Article   14 to secure without discrimination the observance of the fundamental value enshrined in Article   3. Owing to the interplay of these two Articles, issues such as those in the present case could fall to be examined under one of the two Articles only, with no separate issue arising under the other, or could require examination under both Articles. In her complaints the applicant had mentioned possible racist motives. Her arguments had not been examined by the domestic courts, which had also not taken into account her special vulnerability inherent in her situation as an African woman working as a prostitute. The authorities had thus failed to satisfy their obligation to take all possible measures to ascertain whether or not a discriminatory attitude might have played a role in the events. Conclusion : violation (unanimously). Article 41: EUR 30,000 in respect of non-pecuniary damage.   © Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court. Click here for the Case-Law Information Notes