Hajrizi Dzemajl et al. v. Yugoslavia
(Case No. 161/1999), UN Doc. CAT/C/29/D/161/2000
Article 16 – cruel, inhuman or degrading treatment or punishment; prompt and impartial investigation wherever there is reasonable ground to believe that an act of torture has been committed
No police protection against burning down of Roma homes by a mob of non-Roma.
Violation of Article 16 paragraph 1: The Committee against Torture held that the burning down of Roma homes by a mob of non-Roma neighbours constitutes an act of cruel, inhuman and degrading treatment. The failure of the police authorities to take appropriate steps to protect the Roma amounted to acquiescence to these acts, since the police authorities were informed of the immediate risk facing the Roma and were even present at the scene of events.
(Paragraphs 9.2, 10)