Published on 24 November 2025
FOURTH SECTION
Application no. 16158/24
Roxana-Oana DINCĂ
against Romania
lodged on 29 May 2024
communicated on 7 November 2025
SUBJECT MATTER OF THE CASE
The application concerns allegations of domestic violence. On 31 July 2018, the applicant complained to the authorities that, the day before, her ex‑husband, an Omani citizen, had hit her in public and in the presence of their 4-years old son. She produced a forensic certificate to attest that she had sustained a face injury. Before the Court, she alleges that she suffered a deviated septum.
The authorities opened an investigation, and on 6 January 2022, the applicant complained about its duration. On 21 January 2022, the Bucharest First Instance Court allowed her complaint and ordered the investigative authority to finalise the investigation by 1st July 2022.
On 4 October 2022, the applicant’s ex-husband was sent for trial on charges of assault or other violence before the Bucharest First Instance Court. On 12 October 2023, this court sentenced him to a criminal fine of 2 000 Romanian lei (RON; approximately 400 euros (EUR)) and it also ordered him to pay the applicant a civil compensation of 3 000 RON (approximately 600 EUR).
All the parties appealed. On 29 January 2024, the Bucharest Court of Appeals held that the criminal responsibility of the applicant’s ex-husband had become time barred. At the same time, the Court of Appeals increased the amount of the civil compensation to be paid to the applicant to 15 000 RON (approximately 3 000 EUR).
Relying on Article 8 of the Convention, the applicant complains that the authorities did not protect her right to life and health, and claims that she still suffers from a deviated septum and respiratory problems. Relying on Articles 6 § 1 and 13 of the Convention, she alleges that the investigation was a formality and complains about its lengthy duration.
QUESTIONS TO THE PARTIES
Have the State authorities complied with their positive obligations, stemming from Articles 3 and 8 of the Convention, to conduct an effective investigation into the applicant’s allegations of assault and violence by her ex-husband (Volodina v. Russia, no. 41261/17, §§ 76‑77, 9 July 2019, and Bălşan v. Romania, no. 49645/09, §§ 57-58, 23 May 2017)?
In particular, have the authorities taken into account the specific context of domestic violence (Buturugă v. Romania, no. 56867/15, § 67, 11 February 2020)? Also, have the authorities conducted a prompt and exhaustive investigation (De Giorgi v. Italy, no. 23735/19, § 81, 16 June 2022)?