Communicated on 9 September 2020
Published on 28 September 2020
THIRD SECTION
Application no. 21101/20
Mariya Valeryevna POLSHIKOVA and Aleksandr Sergeyevich FEDOTOV
against Russia
lodged on 25 May 2020
SUBJECT MATTER OF THE CASE
The application concerns the Russian authorities’ failure to respond to a situation of domestic violence (see Volodina v. Russia, no. 41261/17, 9 July 2019). On 15 August 2018 the applicants, the mother and her seven‑year-old son, were physically assaulted by the former husband. The police refused to investigate the matter on the grounds that their injuries had not attained the minimum threshold of severity required for launching criminal proceedings. Her application for a judicial review was unsuccessful (final decision: the Moscow Regional Court, 6 February 2020).
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 applicants on 15 August 2018, did the Russian authorities discharge their obligation to protect them 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 conduct an effective investigation into all instances of ill-treatment which had been reported to them and to bring the perpetrator to account?
2. As regards the alleged violation of Article 14 of the Convention, taken in conjunction with Article 3, did the applicants establish that they were the victims of individual prejudice or structural bias on account of their sex (see Volodina, cited above, § 114) or age, respectively?
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