Published on 3 January 2022
THIRD SECTION
Application no. 26468/21
Valentina Nikolayevna TUMANOVA against Russia
and 6 other applications
(see list appended)
communicated on 6 December 2021
SUBJECT MATTER OF THE CASES
The applications concern a situation of domestic violence, of which the applicants were victims at the hands of their (former) partners, husbands or other male family members. A short summary of each application is provided in the appendix.
QUESTIONS TO THE PARTIES
In all cases, as regards the alleged violations of Articles 2, 3, 8 and 13 of the Convention in connection with the violent and threatening behaviour of the applicants’ family members or (former) partners, including cyberharassment, did the Russian authorities discharge their obligation to protect the applicants against all forms of violence (see Volodina v. Russia, no. 41261/17, 9 July 2019, and Kurt v. Austria [GC], no. 62903/15, 15 June 2021)? 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 take the reasonable measures that might have been expected of them in the circumstances in order to avert further incidents after the applicants had reported the initial incidents to them? Did the Russian authorities design and implement a strategy for risk assessment and management of domestic violence?
(c) Did the Russian authorities discharge the obligation to conduct an effective investigation into all instances of violence which had been reported to them and to bring the perpetrators to account by imposing sufficiently dissuasive sanctions?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Represented by
1.
26468/21
Tumanova
v. Russia
30/04/2021
Valentina Nikolayevna TUMANOVA
1971
Denezhnikovo
Mariya Igorevna NEMOVA
Between 2018 and 2020 the applicant’s former husband assaulted her verbally and physically and damaged her property. On 27/09/2020 she sustained injuries to her head, the police refused to investigate (03/10/2020), the courts upheld the refusal to investigate (11/05/2021). On 31/10/2020 he disfigured and scarred her face and was convicted and given a sentence of imprisonment for that attack (final decision 30/04/2021).
2.
31305/21
Chernyshova v. Russia
21/05/2021
Yevgeniya Vladimirovna CHERNYSHOVA
1986
Moscow
Valentina Nikolayevna FROLOVA
Before and during the divorce proceedings the applicant’s (former) husband made death threats against her which the police refused to investigate as not being sufficiently “real” (15/07/2020, upheld on 14/12/2020).
3.
34961/21
Denisova and Berngardt
v. Russia
20/06/2021
Anastasiya Vladimirovna DENISOVA
1988
Uyar
Ilona Leonidovna BERNGARDT
2010
Uyar
Vladimir KOLESNI
KOVICH
Since 2015 the applicants, mother and daughter, have suffered verbal abuse and physical violence from the mother’s former partner. The police refused to investigate (most recent report on 28/11/2020; upheld by the prosecutor on 14/05/2021).
4.
37609/21
Baskanova v. Russia
14/07/2021
Galina Ivanovna BASKANOVA
1964
Moscow
Mariya Igorevna NEMOVA
Since 2018 the applicant has suffered sexual abuse and physical violence at the hands of her husband (most recent incident 17/01/2021, final judicial decision upholding the refusal to prosecute 18/05/2021).
5.
37702/21
Bondarenko v. Russia
13/07/2021
Anfisa Denisovna BONDARENKO
2005
St Petersburg
Olga Vladimirovna KARACHEVA
Between 2015 and 2017 the applicant suffered verbal and physical abuse from her father (criminal case for tormenting opened on 21/03/2019, the charges recharacterised as child neglect on 21/06/2019, prosecution on the new charges discontinued as time-barred on 21/07/2019, final judicial decision on 13/01/2021).
6.
37716/21
Ivanova
v. Russia
21/07/2021
Yelena Vladimirovna IVANOVA
1984
Orekhovo-Zuyevo
Tatyana Yuryevna SAVVINA
Following her separation from the abusive partner, he sent the applicant’s intimate photographs to her friends and co-workers and threatened to kill or mutilate her (refusal to investigate on 20/08/2020, final judicial decision on 21/01/2021, the Moscow City Court).
7.
48072/21
Burova and Telkina
v. Russia
10/09/2021
Darya Vyacheslavovna BUROVA
1987
Moscow
Yeva Aleksandrovna TELKINA
2019
Moscow
Mari Davitovna DAVTYAN
The police had been aware of on-going domestic violence against the first applicant’s sister and the second applicant’s mother since 21/06/2018 but had not offered any protection measures and had not opened an investigation until she was killed by her abusive partner (14/03/2020). On 11/03/2021 the man was convicted and given a sentence of imprisonment. An investigation into police negligence is on-going.