In February 2004, a European Court of Human Rights panel decision found for the first time in its history a breach of Article 14 of the European Convention on grounds of racial discrimination. The case, Nachova v. Bulgaria, involved the fatal police shooting of two Roma men and a subsequent investigation which cleared the officers of wrongdoing. The court decision declared that both acts were racially motivated. On request of the government of Bulgaria, the Grand Chamber of the European Court agreed to review the matter...In February 2004, a European Court of Human Rights panel decision found for the first time in its history a breach of Article 14 of the European Convention on grounds of racial discrimination. The case, Nachova v. Bulgaria, involved the fatal police shooting of two Roma men and a subsequent investigation which cleared the officers of wrongdoing. The court decision declared that both acts were racially motivated. On request of the government of Bulgaria, the Grand Chamber of the European Court agreed to review the matter. Oral argument is scheduled for February 2005.

Interights, a London-based Human Rights NGO, requested assistance from HLS Advocates in preparing their amicus submission in seeking Grand Chamber affirmation of the decision. Advocates prepared a memorandum on standards of proof and burden shifting, comparing the practices in the US, Canada, and South Africa.