Mižigárová v. Slovakia, No. 74832/01, ECtHR (Fourth Section), 14 December 2010

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. No difference in treatment which is based exclusively or to a decisive extent on a person's ethnic origin is capable of being objectively justified in a contemporary democratic society built on the principles of pluralism and respect for different cultures.
2. As to the burden of proof in this sphere, once the applicant has shown a difference in treatment, it is for the Government to show that it was justified. As regards the question of what constitutes prima facie evidence capable of shifting the burden of proof on to the respondent State, there are no procedural barriers to the admissibility of evidence or pre-determined formulae for its assessment. Moreover, the level of persuasion necessary for reaching a particular conclusion and, in this connection, the distribution of the burden of proof, are intrinsically linked to the specificity of the facts, the nature of the allegation made and the Convention right at stake.
3. The failure of the authorities to carry out an effective investigation into the alleged racist motive for the incident is not sufficient, in absence of further elements, for shifting the burden of proof to the respondent Government with regard to the alleged violation of Article 14 in conjunction with the substantive aspect of Article 2 CEDU. That said, the question of the authorities' compliance with their procedural obligation under Article 14 CEDU is a separate issue, which deserves an independent analysis (case in which the applicant complained about her husband’s death in unclear circumstances during police custody, claiming racial motivation for the crime). 
3. In order to maintain public confidence in their law enforcement machinery, Contracting States must ensure that in the investigation of incidents involving the use of force a distinction is made, both in their legal systems and in practice, between cases of excessive use of force and of racist killing.
4. Save in exceptional circumstances, the existence of independent evidence of a systemic problem could not, in the absence of any further element, be sufficient to alert the authorities to the possible existence of a racist motive (case in which the applicant alleged a series of reports published by international organizations on the systematic discriminatory treatment of Roma in Slovakia in order to justify the necessity for a specific investigation into the possible racist motivation for the violent conduct of police officers).