Communicated on 16 January 2020
Published on 3 February 2020
FOURTH SECTION
Application no. 33463/18
A.E.J.
against Romania
lodged on 10 July 2018
SUBJECT MATTER OF THE CASE
The application concerns the authorities’ alleged failure to conduct an effective investigation into the applicant’s allegations that she had been raped at the age of twelve.
Relying on Articles 1 and 6 § 1 of the Convention, the applicant complains that the investigation into her allegations of rape and the subsequent trial had been ineffective and unfair because the authorities have given more weight to the version of the events as described by the perpetrator and to the lack of “direct” proof of rape hence failing to provide effective legal protection against sexual abuse to the applicant, who was minor at the time of the events.
QUESTION TO THE PARTIES
Having regard to the positive obligations of States inherent in Articles 3 and 8 of the Convention to carry out an effective investigation and prosecution of acts of rape, was the investigation in the present case by the domestic authorities in breach of the above-mentioned Articles? In particular, did the approach taken by the authorities in the case, which put emphasis on the “direct” proof of rape, fall short of the requirements inherent in the States’ positive obligation to establish and apply effectively a criminal-law system punishing all forms of rape and sexual abuse (see M.G.C. v. Romania, no. 61495/11, 15 March 2016)?
Full & Egal Universal Law Academy