TEDH – Case No. 40.861/22
In its decision on Case No. 40.861/22, the European Court of Human Rights (ECHR) found a violation of the European Convention on Human Rights (ECHR) due to the failure of Latvian authorities to prosecute a homophobic hate crime.
In the case in question, a gay couple faced verbal attacks and an attempted physical assault by an identified individual. During a police interview, the suspect admitted to using "offensive language and anti-gay insults" and stated that the couple's display of affection had offended him. Despite these admissions, the authorities declined to prosecute the incident as a hate-motivated crime.
The Court observed that “the police and prosecutors interpreted the provisions of criminal law meant to protect individuals from such hate-motivated offences too narrowly,” thereby failing to charge and prosecute the offender appropriately. This conduct by Latvian authorities was deemed incompatible with “the national authorities’ obligation, under the European Convention, to ensure that homophobic attacks are adequately addressed and deterred.”
The ECHR emphasized that failing to properly address offensive, aggressive, and ultimately criminal behaviours like the one reported could “normalize hostility toward LGBTI individuals, perpetuate a culture of intolerance and discrimination, and encourage further acts of a similar nature.”
The Court concluded that, even in the absence of physical injury, “attacks on LGBTI individuals triggered by displays of affection between them constitute an affront to human dignity, turning a moment of intimacy into one of fear and trauma.” Such attacks hinder victims from “openly expressing fundamental human emotions” and reinforce “invisibility and marginalization.”
Consequently, the Court found a violation of Articles 3 and 8, in conjunction with Article 14 of the ECHR.
This decision serves as an important reference point for national authorities to ensure proper handling of hate crimes like the one reported.
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The full text of the ruling is available here.
