Communicated on 7 February 2019<\/p>\n
FOURTH SECTION<\/p>\n
Application no.19237\/16
\nASSOCIATION ACCEPT and others
\nagainst Romania
\nlodged on 2 April 2016<\/p>\n
SUBJECT MATTER OF THE CASE<\/strong><\/p>\n The application concerns the State\u2019s alleged failure to protect the applicants from homophobic verbal abuse and threats and to conduct a subsequent effective investigation into the applicants\u2019 complaint.<\/p>\n On 20 February 2013 the applicants \u2013 an LGBT rights non-governmental organisation (\u201cthe first applicant\u201d) and five private individuals (\u201cthe second to sixth applicants\u201d) \u2013 attended a public screening of a film on the topic of LGBT rights, organised by the first applicant on the premises of a public museum. The screening was interrupted by a group of approximately 50 people who entered the venue and started screaming remarks such as \u201cdeath to homosexuals\u201d, \u201cfaggots\u201d or \u201cyou filthy\u201d, insulting and threatening the participants to the screening including the second to sixth applicants. Some of the intruders were holding a flag of the \u201cTotulpentru\u0163ar\u0103\u201d party, a former Romanian far-right party which had been dissolved by court order for fascist propaganda. The event was interrupted and could no longer continue.<\/p>\n The applicants lodged a criminal complaint for incitement to discrimination, abuse of office by restriction of rights and the use of fascist, racist or xenophobic symbols in public, claiming that the authorities had failed to take adequate measures to prevent and stop the behaviour of the violent group and allow their peaceful assembly to continue.<\/p>\n On 22 November 2017 the Bucharest Court of Appeal upheld with final effect the prosecutor\u2019s decision to close the investigation because there was no evidence to sustain beyond any reasonable doubt that fascist symbols had been used in public.<\/p>\n Relying on Articles 3 and 8 of the Convention the applicants complain firstly that the State failed to fulfil its positive obligation to protect them from the degrading and humiliating treatment to which they had been subjected by private people on 20 February 2013. Secondly, they complain under the same Articles of the authorities\u2019 failure to conduct an effective investigation into the incident of 20 February 2013.<\/p>\n Under Article 11 of the Convention the applicants complain about the authorities\u2019 failure to protect their right to peaceful assembly and to investigate the actions which led to the interruption of their event.<\/p>\n The applicants also complain of a lack of an effective remedy for their complaints under the Convention in breach of Article 13 in conjunction with Articles 3, 8, 11, 14 and 1 of Protocol No. 12 to the Convention.<\/p>\n Lastly, the applicants complain that the authorities breached their positive obligation to protect them from discrimination and to conduct an effective investigation into their allegations of discrimination on grounds of sexual orientation contrary to Article 14 read in conjunction with Articles 3, 8 and\u00a011 of the Convention and contrary to Article 1 of Protocol No. 12 to the Convention.<\/p>\n QUESTIONS tO THE PARTIES<\/p>\n 1.\u00a0\u00a0Did the treatment to which the second to sixth applicants were subjected on 20 February 2013 attain the minimum level of severity to fall within the scope of Article 3 of the Convention?<\/p>\n If so, having regard to the procedural protection from inhuman or degrading treatment, was the investigation in the present case by the domestic authorities in breach of Article\u00a03 of the Convention?<\/p>\n 2.\u00a0\u00a0Has there been a violation of the second to sixth applicants\u2019 right to respect for their private life, contrary to Article 8 of the Convention, on account of the authorities\u2019 alleged failure to take adequate measures to prevent and stop the violent behaviour towards the applicants on 20 February 2013?<\/p>\n 3.\u00a0\u00a0Have the competent domestic authorities conducted an adequate investigation into the second to sixth applicants\u2019 complaint concerning the events of 20 February 2013, as required by the procedural obligations under Article 8 of the Convention?<\/p>\n 4.\u00a0\u00a0In view of the disruption of the public film screening of 20 February 2013, has there been a violation of all applicants\u2019 rights to freedom of peaceful assembly, contrary to Article 11 of the Convention, in particular concerning the manner in which the authorities fulfilled their positive obligation to investigate the incident?<\/p>\n 5.\u00a0\u00a0Did all applicants have at their disposal an effective domestic remedy for all their Convention complaints, as required by Article 13 of the Convention?<\/p>\n 6.\u00a0\u00a0In view of the disruption of the public film screening of 20 February 2013 and the authorities\u2019 alleged failure to conduct a subsequent effective investigation, have all applicants suffered discrimination in the enjoyment of their Convention rights on grounds of sexual orientation contrary to Article 14 of the Convention read in conjunction with Article 11 of the Convention?<\/p>\n 7.\u00a0\u00a0Having regard to the incident of 20 February 2013 and the authorities\u2019 alleged failure to conduct a subsequent effective investigation, have the second to sixth applicants suffered discrimination on the ground of their sexual orientation contrary to Article 14 of the Convention read in conjunction with Articles 3 and 8 of the Convention, and contrary to Article 1 of Protocol No. 12 to the Convention?<\/p>\n\n\n
\n No.<\/strong><\/td>\n Applicant\u2019s name<\/strong><\/td>\n Birth year\/Date of registration<\/strong><\/td>\n Nationality<\/strong><\/td>\n Place of residence<\/strong><\/td>\n Representative<\/strong><\/td>\n<\/tr>\n<\/thead>\n\n \n 1.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n \u00a0ASOCIA\u021aIA ACCEPT<\/td>\n 2000<\/td>\n Romanian<\/td>\n Bucharest<\/td>\n R.I. Ionescu<\/td>\n<\/tr>\n \n 2.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n Alexandra C\u00c2NDEA<\/td>\n 1981<\/td>\n Romanian<\/td>\n Bucharest<\/td>\n R.I. Ionescu<\/td>\n<\/tr>\n \n 3.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n Alexandra Mihaela CARASTOIAN<\/td>\n 1988<\/td>\n Romanian<\/td>\n Bucharest<\/td>\n R.I. Ionescu<\/td>\n<\/tr>\n \n 4.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n Ioana Ramona FILAT<\/td>\n 1980<\/td>\n Romanian<\/td>\n Bucharest<\/td>\n R.I. Ionescu<\/td>\n<\/tr>\n \n 5.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n Diana Elena MATEESCU<\/td>\n 1980<\/td>\n Romanian<\/td>\n Bucharest<\/td>\n R.I. Ionescu<\/td>\n<\/tr>\n \n 6.\u00a0\u00a0\u00a0\u00a0\u00a0 <\/strong>\u00a0<\/strong><\/td>\n Claudia ST\u0102NESCU<\/td>\n 1981<\/td>\n Romanian<\/td>\n Bucharest<\/td>\n R.I. Ionescu<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n