CEDH · CASELAW;COMMUNICATEDCASES;ENG — 1 juillet 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 21 July 2025   SECOND SECTION Application no. 52082/22 Berton SELMANI and Abidin SALIJI against North Macedonia lodged on 29 October 2022 communicated on 1 July 2025 SUBJECT MATTER OF THE CASE   The application concerns allegations of physical abuse of the applicants, including a minor, who are of Roma origin, by police officers, and the failure of the domestic authorities to conduct a prompt and effective investigation into their claims of racially motivated police brutality. On 16   August   2021, in a public space in Skopje, the applicants were allegedly stopped by police officers, who reportedly used racial slurs referring to their Roma origin. The first applicant was allegedly hit in the nose with handcuffs, and the second applicant was kicked on the upper left arm and lower left foot. The applicants sought medical assistance, their injuries were recorded and assessed in medical reports, and the hospital subsequently reported the incident to the police. The applicants later went to a police station to report the incident as well. The Police Internal Affairs unit initiated an investigation after the applicants had identified one of six police officers involved in the alleged police brutality. A criminal complaint was subsequently filed against the officers. Two levels of prosecution dismissed the criminal complaint, finding that there was insufficient evidence that the alleged crime had been committed by those police officers. No oral evidence was taken by the prosecutor from the recognised officer or from several potential eyewitnesses. The applicants complain, under Article 14 in conjunction with Article 3 of the Convention (substantive and procedural limbs), about alleged ill-treatment by the police, the alleged ineffective investigation into it and the alleged failure of the authorities to investigate possible racist motives behind the incident QUESTIONS TO THE PARTIES 1.     Did the treatment to which the applicants were allegedly subjected by the police officers on 16   August   2021 attain the minimum level of severity to fall within the scope of Article 3 of the Convention (see Balázs v. Hungary , no.   15529/12, §§   47-49, 20   October   2015)?   2.     Did the treatment to which the applicants were allegedly subjected on 16   August 2021 demonstrate discrimination (based on the applicant’s Roma origin) on the part of the State agents and was it, in consequence, in breach of Article 14, taken in conjunction with Article   3 of the Convention (see Nachova and Others   v.   Bulgaria [GC], nos.   43577/98 and 43579/98, §   145, ECHR   2005-   VII, and Stoica v. Romania , no.   42722/02, §§   117-119, 4   March 2008)?   3.     Have the authorities failed in their duty to carry out an effective investigation into the possible racist motives for the acts complained of, in breach of Article   14 taken in conjunction with Article   3 in its procedural aspect (see B.S. v. Spain , no.   47159/08, §§   58-60, 24   July   2012, and Škorjanec v. Croatia , no.   25536/14, §§   52-57, 28   March   2017)?