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MEMEDOVA v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" and 2 other applications

Doc ref: 42429/16;8934/18;9886/18 • ECHR ID: 001-186638

Document date: September 4, 2018

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MEMEDOVA v. "THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA" and 2 other applications

Doc ref: 42429/16;8934/18;9886/18 • ECHR ID: 001-186638

Document date: September 4, 2018

Cited paragraphs only

Communicated on 4 September 2018

FIRST SECTION

Application no. 42429/16 Demirana MEMEDOVA against the former Yugo slav Republic of Macedonia and 2 other applications (see list appended)

SUBJECT MATTER OF THE CASE S

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.

Т he 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

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