Communicated on 4 September 2018
FIRST SECTION
Application no. 42429/16
Demirana MEMEDOVA against the former Yugoslav Republic of Macedonia
and 2 other applications
(see list appended)
SUBJECT MATTER OF THE CASES
The applications concern border incidents in which the applicants, all Macedonian nationals of Roma origin, were not allowed to leave the respondent State because either they had not had sufficient financial means, a return ticket or a formal letter of invitation regarding their country of destination. The applicants brought civil actions against the State alleging violation of their right to freedom of movement and the principle of non‑discrimination, claiming that they were singled out by the border police officers owing to their Roma origin.
Тhe domestic courts found only for two applicants (Application no. 9886/18) regarding their right of freedom of movement. They dismissed the remainder of the applicants’ claims together with their request for compensation.
QUESTIONS tO THE PARTIES
1. Do applicants N. Abazov and A. Abazova have victim status concerning their complaint under Article 2 § 2 of Protocol No. 4 to the Convention, bearing in mind the decisions of the domestic courts?
2. If so, was the ban placed on all the applicants to leave the territory of the respondent State in compliance with Article 2 § 2 of Protocol No. 4 to the Convention?
3. Have the applicants suffered discrimination in the enjoyment of their Convention right to leave their country on the grounds of their Roma origin, contrary to Article 1 of Protocol No. 12 and/or Article 14 of the Convention read in conjunction with Article 2 § 2 of Protocol No. 4?
APPENDIX
No.
Application no.
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Represented by
42429/16
16/07/2016
Demirana MEMEDOVA
11/07/1957
Vinica
Macedonian
Zharko HADJI-ZAFIROV
8934/18
06/02/2018
Emran KURTISHOVA
30/12/1985
Skopje
Macedonian
Bojan GJUROVSKI
9886/18
21/02/2018
Nazmi ABAZOV
30/03/1972
Kriva Palanka
Macedonian
Afrodita Abazova
30/11/1976
Kriva Palanka
Macedonian
Omer Memedovski
23/01/1979
Kriva Palanka
Macedonian
Bojan GJUROVSKI
European Roma
Rights Center
Full & Egal Universal Law Academy