Published on 12 December 2022
SECOND SECTION
Application no. 22092/21
Denis RADOČAJ
against Croatia
lodged on 19 April 2021
communicated on 22 November 2022
SUBJECT MATTER OF THE CASE
The application concerns the refusal of the domestic authorities to investigate the applicant’s allegations that he had been abused by his stepmother.
On 25 September 2019 the applicant’s father lodged a criminal complaint against his former wife and the applicant’s stepmother, M.S., for alleged abuse of the applicant and his brother, who were both minors at the relevant time. He stated that the applicant had recently confided in him that in the period between 2010 and 2013, and then 2014 and 2015, M.S. had slapped him, pulled him by his hair, shouted and insulted him numerous times, threatening that he may not tell his father. The findings of a psychiatric and psychological report dated 14 May 2019 stated that the applicant had been neglected and emotionally abused by both parents.
On 18 May 2020 the Gospić State Attorney’s Office dismissed the criminal complaint relying on the opinion of the relevant Social Welfare Centre, which had supervised the family in 2018 and 2019, and which held that M.S. was a warm and caring parent, whereas the applicant’s father had been abusive.
The applicant complains, under Article 3 of the Convention, about the authorities’ refusal to effectively investigate his allegation of abuse by his stepmother without ever even interviewing her.
QUESTION TO THE PARTIES
Have the State authorities complied with their positive obligations under Article 3 of the Convention to protect the applicant from alleged abuse by his stepmother? In particular, did they conduct an effective investigation into the allegations of the applicant’s verbal and physical abuse by his stepmother (see M. and M. v. Croatia, no. 10161/13, ECHR 2015 (extracts); and D.M.D. v. Romania, no. 23022/13, 3 October 2017)?