Communicated on 26 April 2017
SECOND SECTION
Application no. 17709/14
Aglaia BANDALAC
against the Republic of Moldova
lodged on 15 February 2014
SUBJECT MATTER OF THE CASE
The application concerns the applicant’s rape by a private individual and the manner in which the State discharged its positive obligations under Article 3 of the Convention. In particular, after finding the perpetrator guilty of having raped the victim, the domestic courts imposed on him a suspended sentence of three years and obliged him to pay the victim non-pecuniary damage of some 170 euros. The applicant alleges a violation of Article 3 of the Convention as a result of the mildness of the penalty imposed on the perpetrator of the impugned attack.
QUESTION tO THE PARTIES
Has there been a violation of Article 3 of the Convention in the present case? In particular, did the sentence passed on R.R. provide a sufficient redress for the applicant and have a deterrent effect so as to prevent the occurrence of similar crimes in the future (see Okkalı v. Turkey, no. 52067/99, ECHR 2006‑XII (extracts))?
Full & Egal Universal Law Academy