Chachipe a.s.b.l. B.p.97 L - 7201 Béreldange e-mail:
[email protected] Luxembourg, 24 February 2011 Mt. Martin Sehnayr Head of Cabinet Cabinet of Vice-President Viviane Reding Commissioner for Justice, Fundamental Rights and Citizenship European Commission B - 1049 Brussels Discriminatory practices of the Luxembourg police against Roma migrants from the new member states Dear Mr. Selmayr, ln reply to your letter dated 6 December 2010, we would like to reiterate our concems regarding the mistreatment of Roma migrants by the Luxembourg police as part of a targcted campaign to deter Roma migrants from entering Luxembourg. We believe that the actions of Luxembourg police, which we have documented in our letters as th th th of September 14 , October 16 and November 2S , 2010 constitute an infringement of EU legislation, not only in terms of the right of freedom of movement, protected by Directive 2004/38/EC and article 2 §§ 1 and 2 of Protocol 4 of the European Convention on Human Rights (ECHR), but also in that they violate the right of non-discrimination and equal tteatment, which is guaranteed by Directive 2000/43/EC as weil as article 21(1) of the Charter of Fundamental Rights of the European Union (Charter) and by article 1 of Protocol 12 of the ECHR. Furthermore, the unjustified arrests, unjustified confiscation of the money obtained through begging, routine body searches and aileged beatings of Roma under arrest violate articles 4 (prohibition of torture and inhuman or degrading tteatment or punishment) and 6 (Right to liberty and security) of the Charter, article 1 § 1 (General Prohibition of Discrimination) of Protocol12 of the ECHR as weIl as articles 3 (prohibition of torture) and 5 § Ic (Right to liberty and security) of the ECHR and article 1 § 1 (protection of Property) of the Protocol ta the ECHR together with article 14 (prohibition of discrimination) of the ECHR.