Committee reiterated that the definition of racial
discrimination in article 1 expressly extends to
measures that are discriminatory in face and effect
(i.e. indirect discrimination). The Committee found
the State party in violation of its obligations under
article 2, paragraph 1 (a) of CERD, which obliges
States parties to engage in no act of racial discrimination and to ensure that all public authorities act
in conformity with this obligation. The Committee
also found that Slovakia failed in its obligation to
guarantee the right of everyone to equality before
the law in the enjoyment of the right to housing
(article 5, paragraph (e) (iii)). Finally, it held that the
failure of the Slovak courts to provide an effective
remedy disclosed a violation of article 6 of CERD.
Several communications concerning the
ill-treatment of members of ethnic minorities,
such as the Roma, while in police custody have
been examined by the CAT Committee. Persons
belonging to minorities who face refusal of their
refugee claim, expulsion to their country of
origin and the risk of death, torture or ill-treatment upon return, have filed complaints under
the Convention invoking article 3 of CAT. The CAT
Committee also has examined communications
concerning attacks against persons of Roma
ethnic origin and their property.
For example, Hajrizi Dzemajl et al. v. Serbia and
Montenegro (communication No. 161/2000) concerned attacks against the residents and the
houses of a Roma settlement in the Danilovgrad
village, and the subsequent demolition and
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destruction of the houses by a mob of non-Roma
residents. While police authorities were present,
they failed to act and did nothing to protect the
Roma residents or their property. The Committee
found that the burning and destruction of the
Roma houses constituted acts of cruel, inhuman or
degrading treatment or punishment. It also underlined that the nature of those acts was further
aggravated by the fact that some of the complainants were still hidden in the settlement when the
houses were burnt and destroyed and the fact that
those acts were committed with a significant level of
racial motivation. It held that the acts referred to by
the complainants were committed with the acquiescence of public officials and constituted a violation
of article 16, paragraph 1, of the Convention. It was
also held that the investigation conducted by the
authorities failed to satisfy the requirements of
article 12 because, despite the participation of several hundred of non-Roma residents in the events
and the presence of the police forces during the
events, no person nor any member of the police
forces had been tried by the domestic courts. The
Committee held that the investigation conducted
by the authorities did not satisfy the requirements
of article 12. It also found that the absence of an
investigation and the authorities’ failure to inform
the complainants of the results of the investigation constituted a violation of article 13. Finally, it
held that the failure of the State party to enable
the complainants to obtain redress and to provide them with a fair and adequate compensation
violated article 16.
M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g