RIGA, July 18 (LETA) - The European Court of Human Rights (ECHR) has ruled that a failure by the State of Latvia to launch criminal prosecution of an individual detained for homophobic assault on Riga Stradins University lecturer Deniss Hanovs in 2021 trivialized the gravity of the offense, and ordered the State of Latvia to pay Hanovs EUR 10,000 in non-pecuniary damages.

The ECHR concluded that the attack on Hanovs was a violation of Articles 3, 8 and 14 of the European Convention on Human Rights.

Article 3 of the European Convention on Human Rights stipulates that no one shall be subjected to inhuman or degrading treatment, Article 8 states that everyone has the right to respect for his private life, and Article 14 says that the enjoyment of the rights and freedoms set forth in the convention shall be secured without discrimination.

Hanovs and his partner were assaulted in 2021 on Kengaraga Street in Riga, when two aggressive men shouted at them and kicked Hanovs, who sought refuge inside a flower shop.

The police initiated criminal proceedings, and one of the attackers identified by the police said that he had been angered by the public display of affection between Hanovs and his partner. The police went on to terminate criminal proceedings and fined the assailant EUR 70.

The ECHR concluded that the account provided by the Latvian government, corroborated by testimonies from the applicant, witnesses, and the identified perpetrator conclusively established the offence as a homophobic hate crime. Although Hanovs avoided physical harm, the incident was both intimidating and humiliating, causing significant psychological distress as it targeted his sexual orientation - a core aspect of his identity - thereby degrading and diminishing his human dignity. The administrative-offence proceedings in this case failed to provide just satisfaction for the applicant or adequate punishment for the perpetrator.

According to the ECHR, it is a duty of the authorities to prevent hate-motivated violence by private individuals and to investigate any potential connection between a discriminatory motive and the violent act. Discriminatory treatment can in principle amount to degrading treatment, attaining a level of severity such as to constitute an affront to human dignity. Discriminatory remarks and racist insults must in any event be considered as an aggravating factor when considering a given instance of ill treatment.

Failure to address such incidents can normalize hostility towards LGBTI individuals, perpetuate a culture of intolerance and discrimination and encourage further acts of a similar nature, the ECHR said.