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„protecţie efectivă a drepturilor omului”

192.      Access to places open for the public. Ethnical origin. Roma. B.C. and S.M. complained about the fact that trying to
get into the local swimming pool, their access was denied because of their ethnical origin. The defendant showed that their
exclusion was due to the uncivilized behaviour and the scandal they provoked. Following the investigation of the case and
presentation of contradictory claims of the parties, the Committee set down that the evidence of the file reveal that the
refusal (differentiated treatment) was motivated by the ethnicity of the petitioners. Through decision no. 135 of
26.02.2009, the Committee ascertained that the notified deeds are discrimination and it decided to sanction the defendant
by warning. (art. 2 par. 1 and art. 10 lett. f of G.O. no. 137/2000, republished).

193.     Access to places open for the public. Ethnical origin. Roma. B.R. complained about the fact that he was not served
and he was removed from the restaurant due to his ethnic origin. At the time of the incident he requested the intervention
of the police and the defendant mentioned that he refused serving three people because one of them provoked a scandal on
another occasion. Previously, the defendant stated that the petitioner cannot be served, since he has problems of personal
body hygiene and smells badly". Setting down the evidence of the file, the Committee found that the grounds invoked could
not reverse the assumption of the refusal to serve the petitioner on reason of his ethnicity. Through decision no. 244 of
14.04.2009, the Committee ascertained that the notified deeds are direct discrimination and it decided to sanction the
defendant by warning (art. 2 par. 1 and par. 4, art. 10 lett. f and art. 14 of G.O. no. 137/2000, republished).

194. Statements. Ethnical origin. Roma. Personal dignity. P.G. complained about neighbours B.T. and F.L. regarding the statements addressed against her with direct reference to her ethnic origin. Trying to enter the building where she lived she was accused that a „ a Gypsy as disgusting and filthy as her has no place in the attic”. Among others, she was accused that „they feel sick only when they think that they are neighbours with a filthy crow”. Following the investigation and the contradictory allegations of the parties, through decision no. 373 of 02.07.2009, the Committee ascertained that the notified deeds are harassment and it decided to issue a recommendation to the defendants. (art. 2 par. 4, art. 15 of G.O. no. 137/2000, republished).

195. Statements. Ethnical origin. Roma. Personal dignity. M.S. complained about the statements made during a meeting of the local council against persons of Roma origin, classified as " paunchy Gypsies" and accused that "because of them are thrown rocking chairs and benches in ditches". The defendant showed that the statement was not made with the intention to discriminate, but to indicate the ethnic origin of persons in question. The Committee set down that mentioning the ethnicity, adding some generic characterizations and charging of facts based on stereotypes could create an intimidating environment, based on ethnic origin. Through decision no. 558 of 19.11.2009, the Committee ascertained that the notified deeds are harassment and it decided to issue a recommendation to the defendant (art. 2 par. 5 of G.O. no. 137/2000, republished).

196. Statements. Ethnical origin. Roma. Personal dignity. R.G. complained against D.D. regarding the statements addressed against him referring to his ethnicity. The petitioner showed that he developed an undertaking in the city and the director of the market told him: "you, crows, disappear from here until I come back from the City Hall". Following the investigation and submission of evidence at the file, the Committee set down that the expressions used could harm the dignity of the petitioner compared to other persons, taking into account the explicit references to his ethnicity. Through decision no. 268 of 28.04.2009, the Committee found that the notified aspects are harassment and it decided to sanction the defendant by warning (art. 2 par. 5, art. 15 of G.O. no. 137/2000, republished).

197. Statements. Ethnic origin. Roma. Personal dignity. Partida Romilor Pro Europa complained about the public statements which incited to racial hatred and violence against the Roma community, statements made during the meeting organized by Asociaţia Noua Dreaptă on 20.09.2008 in Timisoara. The Committee retained that the speeches made during the meeting were associating the Roma community with various crimes, using insulting phrases against the Roma community. Through decision no. 400 of 22.07.2009, the Committee set down that the notified deeds are discrimination and it decided to sanction the defendant by warning (art. 2 par. 5 and art. 15 of G.O. no. 137/2000, republished).

198. Statements. Ethnical origin. Roma. Personal dignity. NCCD was self-notified regarding the statements of Mr. G.B.: "These Gypsies of Rapid swear at me in Piatra Neamt, in Ploiesti and Bacau! No Rapid supporter will enter into Ghencea anymore, Gypsies should go home to swear!". The statements were completed: „If I look better, Copos is like them, a Gypsy. He is a little dark-haired and has a dark complexion". The Committee set down that the statements of the defendant were not public interest information, they did not contribute to any form of public debate which could bring progress to human

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