CERD/C/112/D/74/2021
they collected and varied between 20 and 50 Swiss francs a month. The petitioners and their
children had no fixed address in North Macedonia and moved from one town to another or
from place to place within the same town. However, they lived in the town of Kocani for a
relatively long time until they left for Switzerland in 2017.2 In Kocani, they lived from time
to time in a rented house or, when they could not afford the rent, on the street under a plastic
tent.
2.2
In North Macedonia, the petitioners tried several times to benefit from public social
assistance, which was denied to them. The country’s authorities considered the income they
received from recycling garbage as regular income. To protest this situation, U.I. took part in
a demonstration on 25 January 2016. He has been a member of the Social-Democratic Union
of Macedonia, an opposition party, since 2008. He was active during the 2016 election
campaign. On 25 December 2016, he was involved in a violent clash over election results
between supporters of the Social-Democratic Union of Macedonia and the Democratic Party
for Macedonian National Unity. During the confrontation, many people were injured. The
police opened a criminal investigation into the incident, which also involved M.M., a senior
figure within the Democratic Party for Macedonian National Unity. Two or three days later,
U.I. was questioned at a police station in connection with the incident. He complained about
the actions of the Democratic Party for Macedonian National Unity supporters and asked for
help from the police, who instead forcibly removed him from the premises.
2.3
After the confrontation on 25 December 2016, U.I. repeatedly received threatening
telephone calls from a masked number. His unidentified interlocutors reproached him for his
support of the Social-Democratic Union of Macedonia. In January 2017, he was visited by
several members of the Democratic Party for Macedonian National Unity. 3 They threatened
to kill him if he did not testify on M.M’s behalf.
2.4
In February 2017, U.I. went to a post office to pick up a summons to appear in court4
on 6 March 2017 as a witness in the criminal case against M.M.. On his return from the post
office, U.I. was accosted by five individuals, presumably associates of M.M.. These people
again threatened to kill him if he did not testify to exonerate M.M.. Because U.I. refused, his
assailants tried to strangle him. Immediately after this incident, U.I. went to the Kocani
central police station to lodge a complaint against his assailants. However, the police officers
present refused to register his complaint. They told him that, as a Roma person, he was a
“part of the land”. Following this incident, U.I. hid in a forest in the nearby mountains. He
spent the night in a sleeping bag and, during the day, roamed the neighbouring villages
begging for food and money. He rarely visited his family.
2.5
In the meantime, G.I. was repeatedly visited by masked men − probably supporters of
the Democratic Party for Macedonian National Unity and associates of M.M. − who,
sometimes in the presence of her children, threatened, insulted and beat her because she
would not reveal her husband’s whereabouts.
2.6
On 22 February 2017, between 5 and 10 masked individuals again broke into the
petitioners’ home. They applied a cloth soaked in an unidentified liquid to G.I.’s mouth and
nose, which caused her to faint. When she woke up the next day, she found herself lying in a
forest with her children, her body covered in bruises and her clothes torn. She later realized
that she had been raped by her captors.
2.7
Having returned to Kocani, G.I. did not seek medical help, as she was traumatized by
her rape. She attempted suicide several times, in North Macedonia and in Switzerland. She
tried to hurt herself as much as possible, including by cutting her wrists with a knife, hitting
2
3
4
2
In its comments, the State party indicates that the present case concerns the petitioners’ third
application for asylum. U.I. first applied for asylum in Switzerland on 25 February 2010. He
subsequently withdrew his application. On 6 February 2011, the petitioners filed a new joint
application for asylum. On 19 June 2013, their asylum application was rejected. On 21 August 2013,
the petitioners returned to their country of origin with the help of Switzerland, accompanied by their
two children born in the meantime.
U.I. recognized these individuals as members of the Democratic Party for Macedonian National Unity
because they were wearing the party’s colours.
The petitioners did not specify which court.
GE.24-07887