The European Court of Human Rights (ECHR) has ruled that North Macedonia discriminated against four Roma citizens of Roma origin in 2014 when border authorities prevented them from leaving their country. The ruling specified that the plaintiffs had had their rights to freedom of movement and freedom to choose one’s own residence within a state’s territory violated, as well as freedom to leave any country, including one’s own.
North Macedonia increased border checks on departing passengers in 2011 following a memo from the Interior Ministry ordering the strengthening of controls for organised groups and potential asylum seekers. Between 2012 and 2013, border authorities prevented 15,590 citizens’ exits and East Balkan nations have been under increased pressure from Western governments to prevent asylum seekers from heading to their shores. Yet human rights groups suggest the impoverished Roma population are the most common target for border turnbacks.
The first incident occurred at Skopje airport, where the first plaintiff, Ms. Memedova, was prevented from departing to Germany. The second plaintiff, Ms. Kurtishova, was prevented from flying from the same airport on June 19, the same year. The other plaintiffs, a married couple and their driver, were rebuffed at the Tabanovce border crossing with Serbia on March 4, 2014. The ECHR found that North Macedonia violated the European Convention on Human Rights’ provision prohibiting discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
The judgment, reached on October 3, has been appealed by the government of North Macedonia. Strasbourg ordered the country to pay for the plaintiffs’ costs and expenses plus compensation of 3,000 euros and 4,100 euros to the first and second plaintiffs respectively, for suffering „non-pecuniary damage – such as distress and frustration” stemming from the actions of the state authorities. An additional joint sum of 5,900 euros is to be paid to the third and fourth applicants, the married couple.