Published on 26 May 2025
SECOND SECTION
Application no. 624/25
Azra CHERKEZI
against North Macedonia
lodged on 23 December 2024
communicated on 5 May 2025
SUBJECT MATTER OF THE CASE
The case concerns the alleged failure by the domestic authorities to investigate allegations of attempt of murder and threats made to the applicant by her neighbour.
According to the applicant, on 11 October 2023 her neighbour attacked her with a knife and threatened her verbally, in the presence of the applicant’s child. The following day the applicant obtained a medical report, drawn up on the basis of a medical note issued on the day of the attack and a medical check-up of the applicant. The report indicated that the applicant had suffered minor bodily injuries caused by cuts on her abdomen and left arm.
The applicant submits that she called the police shortly after the incident but was informed that the incident had already been reported by her neighbour and that police officers would come to take her statement. On 12 October 2023 she made another attempt to report the incident at the police station, but she was refused and told by a police officer that false reporting of a crime constituted a criminal offence and that the incident had already been reported. On 13 October 2023 she reported the incident in writing.
The applicant then submitted a request for internal investigation into the actions of the police officers with the relevant department of the Ministry of Internal Affairs (“the Department”). Following an inspection, the Department found that the police officers had failed to “conduct all professional activities necessary to fully, timely, and adequately establish the facts following the incident.” It appears that two of the police officers were subsequently fined in disciplinary proceedings.
The applicant submits that, at a later date, she and her husband were again verbally attacked by the neighbour, who threatened their lives should the applicant continue with the criminal proceedings.
On 28 December 2023 and 22 May 2024 respectively, the applicant lodged criminal complaints with the Public Prosecutor’s Office against her neighbour regarding both above incidents for alleged attempt of murder and endangering security. The Public Prosecutor’s Office found that, the police officers had classified the first incident as a minor offence rather than a minor bodily injury, thus failing to perform an on-site inspection, take forensic evidence from the knife, or inform the public prosecutor. However, the Public Prosecutor’s Office ultimately rejected the applicant’s complaints finding that the reported acts did not constitute criminal offences subject to ex officio prosecution.
The applicant also filed a private criminal complaint for abuse of office against the police officers who had worked on the first incident. On 20 March 2025 the Public Prosecutor’s Office rejected her complaint.
The applicant complains, under the procedural aspect of Article 3 of the Convention, that the investigation into her attacks was not timely, impartial, official or adequate.
QUESTION TO THE PARTIES
Having regard to the procedural protection from inhuman or degrading treatment (see El-Masri v. the former Yugoslav Republic of Macedonia [GC], no. 39630/09, §§ 182-185, ECHR 2012, Hovhannisyan v. Armenia, no. 18419/13, § 48 et seq., 19 July 2018, Pulfer v. Albania, no. 31959/13, §§ 79-82, 20 November 2018; and J.I. v. Croatia, no. 35898/16, §§ 83-84, 8 September 2022) was the investigation by the domestic authorities into the alleged ill-treatment of the applicant in breach of Article 3 of the Convention?