European Court Rules Czech Republic Responsible for Police Murder of Romani Man Stanislav Tomáš

16 July 2026

Prague, Brussels, 16 July 2026: The European Court of Human Rights has ruled against the Czech Republic in the case of the police killing of Romani man Stanislav Tomáš. In a landmark judgment, the Court held the State directly responsible for violating the victim's right to life and prohibiting inhuman treatment, finding that Czech police used disproportionate force and that authorities demonstrated a "manifest lack of diligence" in investigating whether racist motives drove the intervention. The case was brought by the European Roma Rights Centre (ERRC) and Forum for Human Rights.

"For years, the highest levels of the Czech government defended the police. Even before a single piece of evidence had been properly examined, the Prime Minister and Interior Minister had pronounced judgment in support of the police officers. Meanwhile, paramedic testimony was ignored, first-responder information was omitted from investigations, body cameras that should have captured everything were never switched on, and the Tomáš family's pursuit of truth was dismissed. This judgment dismantles their entire narrative. It proves beyond doubt that what happened to Stanislav Tomáš was not an isolated mistake but a systemic failure. Today's judgment is a victory not just for one family, but for all Romani people who have been told their lives do not matter and their deaths are not worth investigating", said ERRC President of the ERRC, Đorđe Jovanović.

"This case, as noted by the ECtHR, highlights the persistent problem of hidden institutional racism and anti-Roma sentiment, which is revealed precisely in situations where there is a lack of independent investigations into police violence. This judgment confirms that the European Convention on Human Rights demands better", said Maroš Matiaško, the lawyer representing the case on behalf of the ERRC and Forum for Human Rights.

“The Konexe Association welcomes the decision of the European Court of Human Rights in the case of Stanislav Tomáš. It was one of the most challenging cases in our association’s history. Our role was to connect the bereaved with legal assistance and subsequently provide them with comprehensive support regarding housing, health, social counselling, and other areas, as well as to inform the European Roma and human rights communities about the case,” said Miroslav Brož from Konexe.

The killing of Stanislav Tomáš

Stanislav Tomáš, a 46-year-old Romani man, was arrested by three police officers after a witness reported fighting and vehicle damage. Officers placed him in a prone position, handcuffed his hands behind his back, and one officer knelt on his upper back and neck area for over four minutes. He was kept in the prone position for over eleven minutes in temperatures exceeding 30°C, despite being visibly intoxicated, injured, and bleeding from the mouth.

None of the officers checked his vital signs. When paramedics arrived approximately twelve minutes later, they found he had no pulse and was not breathing. He was pronounced dead at 3:45 p.m.

Even before autopsy results were released, the highest levels of government defended the police’s actions. Prime Minister Andrej Babiš thanked officers on Facebook, saying they "did not have it easy." Interior Minister Jan Hamáček posted that officers had his "full support." The Criminal Police issued a Twitter statement declaring: "No 'Czech Floyd'. The intervention...was conducted in accordance with the law and had no connection to the deceased's death."

Officers claimed Mr. Tomáš had responded to verbal communication after the knee pressure was released. However, paramedic testimony directly contradicted this. Emergency personnel found him already motionless with no pulse. The Deputy Public Defender of Rights (Ombudsman) concluded it was "extremely unlikely" he lost consciousness only when paramedics arrived.

Months after the incident, the Czech Deputy Public Defender of Rights, Monika Šimůnková, published a report in December 2021 detailing serious police failures. Her investigation found that officers called the ambulance three minutes later than they reasonably could have, given the obvious signs that Mr. Tomáš needed medical help from the outset. None of the intervening officers properly monitored Mr. Tomáš's state of health or vital signs during the intervention, despite the highly risky nature of the prone position, especially for persons in an intoxicated state. The Ombudsman concluded that officers failed to identify when Mr. Tomáš lost consciousness and immediately begin resuscitation efforts. She gave the damning pronouncement that police officers did not attempt to check his pulse or pupils even once he had calmed down, and that the absence of monitoring led to "the tragic result where a person showing no signs of life had received no first aid despite being surrounded by police officers."

Court's Key Findings

The Court found the manner of the intervention put Mr. Tomáš at an imminent risk of death in violation of Article 2 (Right to Life). The domestic legal framework at the time lacked clear instructions on using the prone position to minimise risks. Police failed to monitor his vital signs and called the ambulance approximately three minutes later than reasonably possible.

The Court found the use of force was disproportionate. The combination of handcuffing, prone position, and kneeling for over four minutes against an injured and intoxicated person was not strictly necessary and in violation of Article 3 (Inhuman Treatment).

The investigation was found to be ineffective by the Court in procedural violations of Articles 2 and 3. The initial investigation was conducted by the Criminal Police who are part of the same hierarchy as the officers who were under investigation and therefore lacking independence. The forensic report failed to engage with the dangers of the prone position. The body camera worn by Commander Z.V. was not activated despite his legal obligation to do so.

In a landmark finding for Roma rights, the Court found authorities demonstrated a "manifest lack of diligence" in investigating whether racial bias played a role. The Court noted that "racially motivated violence need not stem from openly articulated hostility...it may arise from a broader culture of institutional racism." No formal investigation was ever opened into the officers' actions, and the overall response "conveyed the impression that the matter was not taken sufficiently seriously." The Court found a violation of Article 14 (Discrimination).

The Court awarded the applicant €20,000 in respect of non-pecuniary damage and €10,660 in respect of costs and expenses.

Call for reform

The ERRC calls on the Czech government to implement the judgment without delay. The Czech authorities should proceed to conduct a genuinely independent investigation with a view to reforming the General Inspectorate of Security Forces to ensure independence, adopting clear guidelines on prone positioning to prevent positional asphyxia, implementing mandatory training on unconscious bias and anti-Roma racism, and ensuring body cameras are activated at every intervention.

The case may still technically be 'appealed' by the Czech Government if they request the a referral to the Grand Chamber of the European Court of Human Rights for a final judgment.

The case, S.T. v. the Czech Republic (Application no. 28273/23), Fifth Section (unanimous judgment of 16 July 2026), was filed by the ERRC and Forum for Human Rights on behalf of Mr. Tomáš's surviving sister; Konexe Association also provided litigant support to the surviving family. The Czech Constitutional Court dismissed the case in April 2023 leading to the European Court of Human Rights application (case communicated in February 2024). 

This press release is also available in Czech.

For more information, or to arrange an interview contact:

Jonathan Lee (in English)
Advocacy & Communications Director
European Roma Rights Centre
jonathan.lee@errc.org
+32 49 288 7679

Maroš Matiaško (in Czech)
Human Rights Lawyer
Forum for Human Rights
matiasko@forumhr.eu
+420 608 130 205