Published on 24 June 2024
FIRST SECTION
Application no. 35767/23
J.S.
against Slovakia
lodged on 19 September 2023
communicated on 7 June 2024
SUBJECT MATTER OF THE CASE
The application concerns the alleged failure of the domestic authorities to effectively investigate and prosecute the acts of domestic violence allegedly suffered by the applicant and her children at the hands of her former husband T. in the period between September 2012 and July 2014, as well as the discriminatory impact of a gender-based violence on women.
Two acquittal judgments of 2016 and 2021 in which the first-instance court concluded that T.’s behaviour did not constitute domestic violence were quashed by the appellate court. After hearing extensive oral, documentary and expert evidence, the first-instance court acquitted T. for the third time on 18 May 2022. The court gave decisive weight to the evidence supporting T.’s version of events and found that it had not been proven that he had behaved in the manner described in the indictment; in its view, the attacks between the applicant and T. were mutual. A subsequent appeal by the prosecutor was dismissed on 15 November 2022, as was the applicant’s constitutional appeal (decision no II. US 212/2023 of 26 April 2023).
Relying on Articles 3, 8, 13 and 14 of the Convention (taken alone and in conjunction), the applicant complains that she was subjected to inhuman or degrading treatment by her ex-husband and that the domestic authorities failed to promptly and properly investigate her allegations of a gender-based domestic violence, despite the evidence presented to them. She also alleges that she has been subjected to secondary victimisation and submits that gender-based violence against women and its lack of investigation is a systemic problem in Slovakia.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention, as a result of violence allegedly inflicted by T.?
2. If so, was the conduct of the criminal proceedings against T. compatible with the procedural obligations inherent in Articles 3 and 8 of the Convention, in particular the duty to carry out an effective investigation, including at the trial stage, into all acts of domestic violence (see, mutatis mutandis, M.A. v. Slovenia, no. 3400/07, § 48, 15 January 2015; Volodina v. Russia, no. 41261/17, § 77, 9 July 2019; Buturugă v. Romania, no. 56867/15, § 62, 11 February 2020; Tunikova and Others v. Russia, nos. 55974/16 and 3 others, § 114, 14 December 2021; and Vučković v. Croatia, no. 15798/20, § 52, 12 December 2023)?
In particular:
(i) Did the domestic authorities take the necessary measures to conduct the proceedings without unjustified delays and to prevent the applicant from repeated traumatisation and secondary victimisation (Y. v. Slovenia, no. 41107/10, § 99, 107-15, ECHR 2015 (extracts), and D.M.D. v. Romania, no. 23022/13, §§ 43-44, 3 October 2017)?
(ii) In view of the acquittal of T., did the domestic courts sufficiently assess the credibility of the statements made and verify all the surrounding circumstances in the light of available evidence (see, mutatis mutandis, G.U. v. Turkey, no. 16143/10, §§ 77-82, 18 October 2016; and X. v. Greece, no. 38588/21, §§ 79-84, 13 February 2024)? Did the domestic courts give relevant and sufficient reasons for dismissing the applicant’s allegations of domestic violence?
3. Has there been a violation of Article 14 of the Convention, taken in conjunction with Articles 3 and 8 of the Convention, on account of an alleged discrimination in matters concerning gender-based violence against women (Opuz v. Turkey, no. 33401/02, §§ 192-98, ECHR 2009; T.M. and C.M. v. the Republic of Moldova, no. 26608/11, §§ 57-64, 28 January 2014; Talpis v. Italy, no. 41237/14, §§ 141-49, 2 March 2017; M.S. v. Italy, no. 32715/19, §§ 157-66, 7 July 2022; and A.E. v. Bulgaria, no. 53891/20, §§ 118-23, 23 May 2023)?
4. Did the applicant have at her disposal an effective domestic remedy for her complaints under Articles 3, 8 and 14, as required by Article 13 of the Convention?