CERD/C/112/D/74/2021
minorities, may appeal to an ombudsman whose office has a unit that deals with cases of
violence committed by the police or bodies with police powers (for example, prison staff). 24
4.10 The State party points to the numerous efforts of North Macedonia to protect ethnic
minorities, including Roma persons. These efforts include strengthening the powers of the
Agency for Community Rights Realization through the adoption of a law to this effect in
January 2020. 25 North Macedonia also adopted a Roma strategy in 2014 for the period
2014–2020, covering several priority issues, including employment, education, housing,
health care and the strengthening of the place of Roma women in society. The State party
also argues that the petitioners’ claim that they appealed to the North Macedonian authorities
but did not receive adequate protection following the threats and violence to which they were
subjected is not based on any concrete or convincing evidence. The State party points out
that the petitioners have not produced any documents attesting to the steps they took in their
country of origin.
4.11 The State party also points out that the petitioners’ statements contain several
contradictions. In this regard, it notes that in their communication, the petitioners claim that
they had no fixed address in North Macedonia, whereas before the domestic authorities, U.I.
stated that he had been a tenant at the same address since the family’s return to North
Macedonia in 2013 until their new departure to Switzerland.26 The State party also notes that,
before the domestic authorities, U.I. claimed that he was a supporter but not a member of the
Social-Democratic Union of Macedonia, whereas in the communication he claims to have
been a member since 2008. Moreover, despite the activism he claims to have performed in
relation to the elections, he was unable to give any indication of their outcome when
interviewed by the State Secretariat for Migration. The State party also points out the
contradictions as to the place where U.I. claims to have encountered M.M.’s supporters –
sometimes upon leaving the police station, sometimes at the post office.
4.12 The State party notes that, with regard to the abduction of G.I., U.I. claimed that the
children had been abducted with her and that the rape had taken place in front of them.
However, G.I. claimed that the children were crying when she arrived home. The State party
also points out contradictions as to the time and reasons for G.I.’s alleged suicide attempt.
4.13 With regard to the steps taken by the petitioners to obtain assistance from the police
in North Macedonia, the State party notes that G.I. stated that they had reported the rape to
the police, but that the police had not helped them, while U.I. stated that the police had
conducted searches without success. In the State party’s view, this statement by U.I. proves
that the authorities in North Macedonia did not remain completely impassive and that they
did not immediately refuse to take steps to protect them. The State party further notes that
the petitioners claimed to have left North Macedonia one or two days after the alleged rape,
which in any case would not have given the North Macedonian authorities sufficient time to
follow up on any criminal complaint. The State party therefore considers that the Federal
Administrative Court was right to find that the petitioners had not demonstrated that they had
genuinely sought protection in their country of origin and that the authorities of that country
would not be in a position to grant protection to them.
4.14 The State party further points out that U.I. does not claim to have held an important
position within the Social-Democratic Union of Macedonia during the elections of 2016. The
State party also stresses that there is reason to believe that the alleged trial against M.M. has
long since been concluded and that his supporters no longer have any interest, if they ever
did, in intimidating the petitioners. The State party recalls that in 2017, the country was
governed by the Democratic Party for Macedonian National Unity, whereas the presidency
and the position of Head of Government of North Macedonia are currently held by members
of the Social-Democratic Union of Macedonia, which would reduce the risk of persecution
against the petitioners.
24
25
26
GE.24-07887
This unit was created in 2018; see the annual reports of the Ombudsman’s Office at
https://www.theioi.org/ioi-members/europe/macedonia/ombudsman-office-of-the-republic-of-northmacedonia.
See European Commission, North Macedonia 2020 Report (footnote 23 above).
The petitioners had already stayed in Switzerland between 2010 and 2013; see footnote 2 above.
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