Attempted Murder of a Trans Woman

Facts of the Case:

• In 2018, a trans woman, Zh. A., provided sexual services to a male client. Afterward, the man suggested having sexual relations again, but after being refused he became angry and started an argument with the trans woman in the apartment. He then went out to the stairwell and deliberately grabbed the victim and pushed her down the stairs, then struck her head and various parts of her body with his hands, attempting to kill her. He subsequently returned to the apartment and, in order to conceal the traces of the crime he had committed, set the apartment on fire and left the scene. As a result of the violence, the trans person sustained life-threatening bodily injuries.
• During questioning conducted by the investigating authority, the perpetrator stated that he believed he was meeting a woman and had come to have sexual relations; upon learning that the woman was trans, he became angry, which led to the incident.
• As a result of the incomplete investigation of the arson of the apartment and the concealment of the traces of the crime, the investigative body did not assess these elements during the qualification of the offence. The offender’s statement that he had beaten the victim after learning that she was a trans person was also not taken into account as an indicator of a hate motive. The indictment was sent to court on the charge of causing grievous bodily harm.
• As a result, the accused was sentenced to three years and six months of imprisonment; however, an amnesty was applied to him and he did not serve the sentence. The person who attempted to murder the trans woman did not bear responsibility proportionate to his act and therefore did not face the consequences necessary to recognize that his act was a crime.
• After exhausting all available domestic legal remedies, the victim’s representative, a lawyer from the Pink organization, submitted an application to the European Court of Human Rights.

Strategic Importance of the Case

This case is another crime committed against a trans person with a hate motive that was not effectively investigated; the indicators of the perpetrator’s motives were not examined, and a full, thorough, and objective investigation was not conducted. As a result, the offender did not bear appropriate responsibility. Although the article of the Criminal Code that provides hate motive as an aggravating circumstance contains a non-exhaustive list, in practice it is not applied effectively, which may attract the attention of the European Court if addressed. At the same time, it is important that the European Court apply individual measures as a means of restoring the rights of the victim in this case and ultimately reaffirming justice.

Legal Grounds of the Complaint Submitted to the European Court of Human Rights

The complaint before the European Court of Human Rights challenges violations of the victim’s rights to be free from discrimination, to respect for private and family life, to effective legal protection and to the fair trial.

The position of the European Court of Human Rights will be presented after publication.