Nachova and others v. Bulgaria, Nos. 43577/98, 43579/98, ECtHR (Grand Chamber), 6 July 2005

Right to life. Violent behavior by police officers driven by ethnic or racial biases. Obligation to carry out effective investigations. Link between racist attitudes and acts of violence Prohibition of discrimination. Burden of proof. 

Art. 2 ECHR 
Art. 14 ECHR 

1. It cannot be excluded the possibility that in certain cases of alleged discrimination it may require the respondent Government to disprove an arguable allegation of discrimination and – if they fail to do so – find a violation of art. 14 ECHR on that basis. However, where it is alleged that a violent act was motivated by racial prejudice, such an approach would amount to requiring the respondent Government to prove the absence of a particular subjective attitude on the part of the person concerned. While in the legal systems of many countries proof of the discriminatory effect of a policy or decision will dispense with the need to prove intent in respect of alleged discrimination in employment or the provision of services, that approach is difficult to transpose to a case where it is alleged that an act of violence was racially motivated.
2. The failure of the authorities to carry out an effective investigation into the supposedly racist motive for a violent incident should not shift the burden of proof to the Government with regard to the possible racial overtones to the violent act (case in which the Strasbourg Court condemned Bulgaria for the violation of art. 2 ECHR, while considered that the racist motive for the incident has not been established beyond any reasonable doubt).