| Applicant name | HANOVS |
| Applicant type | natural person |
| Number of applicants | 1 |
| Country | Latvia |
| Application no. | 40861/22 |
| Date | 18/07/2024 |
| Judges | Mattias Guyomar, President, Lado Chanturia, Carlo Ranzoni, Mārtiņš Mits, Stéphanie Mourou-Vikström, Kateřina Šimáčková, Stéphane Pisani |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | 3+8+14 violation |
| Reason | Positive obligation |
| Type of privacy | Bodily integrity |
| Keywords | Homophobic attacks |
| Facts of the case | The applicant complained that the authorities had failed to conduct an effective investigation into, and to prosecute, the homophobic attack committed against him. He relied on Articles 3, 13 and 14 of the Convention, and the Court put an additional question to the parties under Article 8 of the Convention. |
| Analysis | The Court concludes that the respondent State failed in its obligation under Articles 3 and 8 of the Convention, read in conjunction with Article 14, to provide adequate protection for the applicant’s dignity and private life by ensuring the effective prosecution of the attack against him, while taking into account the hate motive behind the attack. The Court emphasises the crucial importance for Contracting States to address impunity in cases of hate crimes, as they pose a significant threat to the fundamental rights protected by the Convention. Failure to address such incidents can normalise hostility towards LGBTI individuals, perpetuate a culture of intolerance and discrimination and encourage further acts of a similar nature. |
| Other Article violation? | 3+14 |
| Damage awarded | (a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, EUR 10,000 (ten thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; |
| Documents | Judgment |