Dinamica „infracțiunilor de ură” în ecosistemul discriminării și a factorilor care influenţează investigarea actelor induse de motive discriminatorii în logica jurisprudenței CEDO și a perspectivelor academice. Set de date nr. 2a: „încălcare”
The dynamics of „hate crimes” in the ecosystem of discrimination and the factors influencing the investigation of acts motivated by discrimination in the logic of ECtHR case law and academic perspectives. Data set no. 2: „violation”

Summary/Abstract: Building on the work started with Data Set No. 1: “No Violation,” this study focuses on cases in which the European Court of Human Rights (ECtHR) finds a violation of Article 14. Academic research on hate crimes has highlighted persistent difficulties in recognizing and proving discriminatory motives, stemming from both conceptual ambiguities and institutional barriers in investigative processes. ECtHR case law serves as an essential reference point for understanding these dynamics, yet it remains marked by the tension between the high evidentiary standard and the obligation of states to uncover discriminatory motives. An analysis of judgments in which the Court finds a violation of Art. 14 in conjunction with Articles 2, 3, or 8 (on the grounds of racial or ethnic origin, or religion) reveals that the sanctioning of discrimination occurs predominantly on the procedural side, through the penalization of evidentiary inflation, the decoupling of facts from the discriminatory context, the formal validation of investigations, and the acceptance of alternative explanations. In these cases, the Court generally applies the “plausible information” mechanism to establish the obligation to verify the potential role of attitudes suspected of discrimination in cases of physical acts of assault, harassment, or homicide, and, exceptionally, through the mechanism of prima facie presumptions, shifting the burden of proof to the state when the evidence is sufficiently strong. However, substantial violations of Article 14 remain isolated, being possible only under certain conditions. The study thus highlights the limitations and real potential of Article 14 regarding hate crimes and opens avenues for research on variations in these patterns in cases involving other protected grounds, including the perspective of indirect discrimination.

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