Croatian authorities failed to investigate rape victim's allegation of death threats by her rapist during his prison leave - violation of Art. 3 ECHR

EUROPE: VIOLENCE

European Court of Human Rights, judgment, 8 September 2022, J.I. v. Croatia (Application no. 35898/16).

«The case J.I. v. Croatia (application no. 35898/16) concerned a rape victim’s complaint that the authorities had not taken seriously her allegation that her rapist – her father – had threatened to kill her during prison leave. In today’s Chamber judgment in the case the European Court of Human Rights held, by six votes to one, that there had been: a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights because of the lack of an effective investigation into her complaint. The Court found in particular that even though the applicant had informed the police on three occasions of a serious threat to her life by her rapist, they had never even commenced criminal enquiries, let alone opened an investigation. The authorities had been well aware that the applicant was particularly vulnerable as a Roma woman and victim of serious sexual offences and should therefore have reacted promptly and efficiently to protect her from her rapist’s threat being carried out as well as from intimidation, retaliation and repeat victimisation.»

Direct link to the judgment (hudoc.echr.coe.int)
Accès direct au communiqué de presse (hudoc.echr.coe.int)
Direct link to the press release (hudoc.echr.coe.int)

Gender Law Newsletter 2022#04, 01.12.2022