Communicated on 24 September 2020
Published on 12 October 2020
THIRD SECTION
Application no. 25864/20
Olga Alekseyevna BALUKOVA
against Russia
lodged on 2 July 2020
STATEMENT OF FACTS
1. The applicant, Ms Olga Alekseyevna Balukova, is a Russian national, who was born in 1983 and lives in Moscow. She is represented before the Court by Ms Valentina Frolova and Ms Svetlana Perova, lawyers practising in Moscow.
2. The facts of the case, as submitted by the applicant, may be summarised as follows.
3. From 2015 to May 2018 the applicant had been in a relationship with Mr L. Since their separation, L. has been stalking and harassing the applicant; he has used her intimate photographs to create fake online profiles, assaulted her verbally and physically and threatened to kill or mutilate her. He has used at least twelve phone numbers and nine e-mail addresses to communicate with the applicant.
4. On 27 December 2019 L. assaulted the applicant and her friend in the applicant’s office. He threatened to kill her, punched her in the stomach, strangled her and smashed her smartphones and a laptop computer. The applicant called an ambulance and had her injuries, including multiple abrasions on her face and neck, recorded. On the following day she reported the assault to the police. On 25 January 2020 the Basmannyy district police in Moscow opened an inquiry into the threats of death, a public-prosecution offence under Article 119 of the Criminal Code. On 24 February 2020 they suspended the inquiry on the grounds that the person responsible for the threats had not been identified. The decision indicated that the police had not been able to take a statement from L. When contacted by phone, he had denied any wrongdoing against the applicant.
5. On 8 February 2020 the applicant called the police emergency number to report that L. had trailed her taxi in his car on the way from the airport. On 15 April 2020 she filed a statement with the police to report a fake account on an online dating website which included her personal details and a link to a cloud storage account with her intimate photographs.
6. On 11 June 2020 the applicant asked the Basmannyy district police to provide her with State protection measures and apply a preventive measure to L. Relying on Article 105.1 of the Criminal Code, she asked for an order prohibiting him from engaging in specific conduct, such as approaching her home or office and communicating with her online, by mail, phone, or through third parties.
7. On 20 June 2020 the Basmannyy district police declined to apply the State protection measures, referring to their previous decision to suspend the inquiry.
8. On 8 July 2020 the supervising prosecutor set aside the suspension decision and ordered an additional inquiry. On 14 July 2020 the Basmannyy district police resumed the inquiry but rejected the application for an order prohibiting L. from engaging in specific conduct on the grounds that L. had not been suspected or charged in connection with the assault.
COMPLAINTS
9. The applicant complains under Articles 3 and 8 of the Convention, taken on their own and in conjunction with Article 13, that the Russian authorities have not investigated the assault of 27 December 2019 or provided her with any form of protection against recurrent harassment. She claims that, in the current state of Russian law, she does not have any effective remedies.
QUESTIONS TO THE PARTIES
1. As regards the alleged violations of Articles 3 and 13 of the Convention in connection with the assault on the applicant on 27 December 2019 and on-going harassment by her former partner, did the Russian authorities discharge their obligation to protect her against the violence? In particular,
(a) Did the Russian State discharge the obligation to establish and apply effectively a legislative framework for punishing all forms of domestic violence and providing sufficient safeguards for victims?
(b) Did the Russian authorities discharge the obligation to take the reasonable measures that might have been expected of them in the circumstances in order to avert further risk of ill-treatment or harassment after the applicant had reported the assault in December 2019? Did the Russian authorities design and implement a strategy for risk assessment and management of domestic violence?
(c) Did the Russian authorities discharge the obligation to conduct an effective investigation into all instances of ill-treatment which had been reported to them and to bring the perpetrator to account?
2. Did the Russian authorities discharge their obligation under Article 8 of the Convention to provide the applicant with the practical and effective protection against online harassment including by taking steps to prevent further dissemination of her intimate photographs and carrying out an effective investigation into fake social-media accounts capable of leading to the identification and prosecution of the perpetrator (compare K.U. v. Finland, no. 2872/02, § 49, ECHR 2008)?
Full & Egal Universal Law Academy