No double jeopardy in domestic violence case – Violation of Art. 6 §§ 1 and 3 (c) ECHR and no violation of Art. 6 §§ 1 and 3 (b) and (c) ECHR and of Art. 4 of Protocol No. 7 to the ECHR

EUROPE: DOMESTIC VIOLENCE

European Court of Human Rights, judgment, 31 August 2021, Galovi? v. Croatia (Application no. 45512/11).

«The case Galovi? v. Croatia (application no. 45512/11) concerned the applicant’s convictions for domestic violence in several sets of minor-offence proceedings and in criminal proceedings on indictment.
In today’s Chamber judgment in the case, the European Court of Human Rights held, unanimously, that there had been:
no violation of Article 6 §§ 1 and 3 (b) and (c) (right to a fair trial) of the European Convention on Human Rights as regards the time the applicant had had to prepare his defence before an appeal court session on his case; a violation of Article 6 §§ 1 and 3 (c) of the Convention as regards the applicant’s absence from the appeal court session; and no violation of Article 4 of Protocol No. 7 (right not to be tried or punished twice) to the Convention.
The Court found in particular that the two sets of proceedings in the applicant’s case had been part of an integrated and coherent approach to domestic violence under Croatian law. Such an integrated system had allowed the applicant’s punishment for individual acts of violence via a less severe response in the minor-offence proceedings, followed by a more serious criminal response for his pattern of behaviour.»

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)