Communicated on 14 December 2017
THIRD SECTION
Application no. 34085/17
Zeshan MUHAMMAD
against Spain
lodged on 6 May 2017
SUBJECT MATTER OF THE CASE
On 29 May 2013 the applicant and his friend K.A., both Pakistani nationals, were stopped by two police officers while walking on a street in Barcelona. The officers asked for their identity documents, after which the applicant allegedly asked for the reasons for the identity check. Reportedly, one of the police officers referred to the colour of the applicant’s skin to explain the reasons behind the identity check, allegedly using racially charged language. The applicant contested the racial motivated reasons that were given. Reportedly, the applicant was slapped by one of the police officers and then detained and taken to a police station where he was given was given an administrative fine (sanción administrativa) for having refused to identify himself, “lack of respect towards the authority” and “showing a cocky attitude”.
On 7 April 2014 the applicant initiated state liability proceedings (reclamación por responsabilidad patrimonial del Estado) complaining about the discriminatory identity check before the Ministry of Interior. The complaint was dismissed on the ground that there was no evidence supporting the alleged discriminatory treatment.
The applicant then lodged an appeal with the Central Administrative Judge no. 11 (Juzgado Central de lo Contencioso-administrativo). In the framework of these proceedings the applicant’s request to summon and examine the police officers involved in the incident, as wells as examine an expert witness on statistics were refused. On 14 September 2015 the Central Administrative Judge no. 11 concluded that the applicant had not substantiated his claim and dismissed the applicant’s appeal. The applicant lodged an amparo appeal with the Constitutional Court, but to no avail.
QUESTIONS tO THE PARTIES
1. Did the applicant suffer discrimination on the grounds of his race, contrary to Article 14 of the Convention read in conjunction with Article 8 and/or contrary to Article 1 of Protocol No. 12 to the Convention for the identity check carried out by the Police?
2. Has there been a violation under Article 8 of the Convention on account of the authorities’ alleged failure to take all reasonable steps to uncover any possible racist motives behind the alleged incident (see, mutatis mutandis, R.B. v. Hungary, no. 64602/12, § 88, 12 April 2016 and B.S. v. Spain, no. 47159/08)?
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