The Italian authorities did not act with the requisite promptness and diligence in dealing with acts of domestic violence and did not comply with their Convention obligations
EUROPE: DOMESTIC VIOLENCE
European Court of Human Rights, judgment, 7 July 2022, M.S. v. Italy (Application no. 32715/19).
«The case concerned the domestic violence to which the applicant was subjected by her husband. The applicant complained, in particular, that the respondent State had failed to protect and assist her. She also alleged that the authorities had not acted with the requisite diligence and promptness, as the prosecution of several offences had become time-barred. The Court could not accept that the purpose of effective protection against acts of ill-treatment, including domestic violence, was achieved where the criminal proceedings were discontinued on the grounds that the prosecution had become time-barred, where this occurred as a result of failings on
the part of the authorities. Offences linked to domestic violence should be classified among the most serious offences. According to the Court’s case-law, it was incompatible with the procedural obligations arising out of Article 3 for investigations into these offences to be terminated through statutory limitation resulting from the authorities’ inactivity. In the present case the Court considered that a situation in which the domestic authorities, firstly – on the basis of the mechanisms governing limitation periods in the national legal framework – had upheld a system in which statutory limitation was closely linked to the judicial action even after proceedings had commenced and, secondly, had prosecuted the case with a degree of judicial passivity incompatible with that framework, could not be deemed to satisfy the requirements of Article 3 of the Convention.»
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)
the part of the authorities. Offences linked to domestic violence should be classified among the most serious offences. According to the Court’s case-law, it was incompatible with the procedural obligations arising out of Article 3 for investigations into these offences to be terminated through statutory limitation resulting from the authorities’ inactivity. In the present case the Court considered that a situation in which the domestic authorities, firstly – on the basis of the mechanisms governing limitation periods in the national legal framework – had upheld a system in which statutory limitation was closely linked to the judicial action even after proceedings had commenced and, secondly, had prosecuted the case with a degree of judicial passivity incompatible with that framework, could not be deemed to satisfy the requirements of Article 3 of the Convention.»
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#03, 01.09.2022