In the light of the commemoration of December 17th – the International Day to Stop Violence Against Sex Workers, STAR – the First Sex Workers’ Collective in the Balkans alongside with HOPS – Healthy Options Skopje, dedicate this year’s campaign to the ultimate justice for sex workers following the European Court for Human Rights’ ruling on D.H. and Others vs. North Macedonia.
We appealed, we won!
This year, we will be proudly marching in the streets, pointing out that while it may be slow, justice does exist and can be eventually served. For this reason, we have chosen the “5353 Days to Justice” slogan for this year’s campaign, with which we wish to send a message to the public and the institutions that all rights should be respected, especially those of vulnerable groups of citizen. Sex workers have been waiting for justice for 15 years and have won a victory of considerable significance for all sex workers in the country, and throughout Europe.
In November 2008, the Ministry of Interior carried out a sensationalist police action called “Suppression of Street Prostitution”, during which they detained 23 sex workers, a civil society association activist and several passers-by who happened to be by the quay of the Vardar River at that point in time. Out of all those who were detained, the 23 sex workers were detained all night at the Bit Pazar Police Station without being informed of the reason why they were deprived of their freedom of movement, on top of which they were subjected to inhumane and degrading treatment by the police. During the entire detention, they were left without access to water, food and medicine. Photographs of the detained sex workers were published on the Ministry of Interior’s website. The next day, they were taken to the Clinic for Infectious Diseases and Febrile Conditions, where they were tested for sexually transmitted infections without their consent. Their presumed health conditions were publically discussed in the media, exposing them to additional stress, after which they were all released. The Ministry’s “Suppression of Street Prostitution” action became breaking news in the media in that period, which in their race for viewership and readership completely overlooked the principles of respect for human rights.
“They brought us to the Bit Pazar Police Station. They told us nothing. Took our mobiles from our pockets and took pictures of us. They fooled around with us and abused us.” – a female sex worker detained during the police action on November 20th 2008.
A total of 13 sex workers supported by HOPS – Healthy Options Skopje were encouraged to file a lawsuit for establishing a violation of the right to privacy and for torture, inhumane and degrading treatment or punishment in the Civil Court in Skopje, which on two occasions determined rights violations and ordered the Ministry of Interior and the Criminal Court in Skopje to compensate for the incurred damages. After the Court of Appeal overturned this ruling, four of the victims decided to continue their fight in the European Court for Human Rights.
The long-standing legal battle of the sex workers following the “Suppression of Street Prostitution” police action in November 2008 has finally resulted in a 2023 ECHR ruling, after the appeal filed in 2017, which ordered the state to compensate them a total of 13,300 Euros for the incurred damages and the ineffective protection of their rights in domestic courts.
We call on the relevant institutions to promptly implement the European Court for Human Rights’ ruling and compensate the sex workers who were victims of the police action in 2008.
At the same time, we call on all competent institutions to refrain from taking any actions in future that would violate sex workers’ human rights.
We demand that all competent courts take the ECHR’s ruling into account and review all the findings to confirm that sex workers were in actual fact victims of their right to privacy violation by the police.
We demand that the media fulfill their ethical obligation and “defend the human rights, dignity and freedom” of all, including marginalized and vulnerable categories of citizen, by which they would amend mistakes made during the period of reporting on “street prostitution”.
Finally, we demand a humane and equal treatment by the state based on the principle of respecting human rights, guaranteed by the laws and the Constitution of the RNM.
The implementation of the campaign on the occasion of marking the 17th of December – the International Day to Stop Violence against Sex Workers is supported by the Red Umbrella Fund.