The applicant complained that she had been raped by two men when she was 14 years old. The men were interviewed but it was concluded that they had not used threats or violence and there was no evidence of resistance. The district prosecutor issued a decree terminating the proceedings. The complainant applied on the twin assertions that Bulgarian law did not provide effective protection against rape and sexual abuse as only cases where the victim had actively resisted were prosecuted, and that the authorities had not properly investigated her allegations.
Held: The failure properly to investigate her allegations constituted violation of her rights under articles 3 and 8 of ECHR. The second aspect of her complaint – that there was not a proper investigation of her allegations was a distinct and unconnected ground on which the court decided that article 3 had been breached.
The prohibition of torture was described as: ‘a positive obligation . . to enact criminal-law provisions effectively punishing [serious crime] and to apply them in practice through effective investigation and prosecution.’ and ‘ . . the court considers that states have a positive obligation inherent in articles 3 and 8 of the Convention to enact criminal-law provisions, effectively punishing rape and to apply them in practice through effective investigation and prosecution.’
Judges:
Rozakis P
Citations:
39272/98, [2003] ECHR 646, [2003] ECHR 651, (2005) 40 EHRR 20, 15 BHRC 627
Links:
Statutes:
European Convention on Human Rights
Jurisdiction:
Human Rights
Cited by:
Cited – NXB v Crown Prosecution Service QBD 12-Mar-2015
The claimant, saying that she had been abused as a child by another, sought damages alleging breach of her human rights after the defendant failed to prosecute her attacker: ‘it is the Claimant’s case that the CPS made a series of rushed, . .
Judgment – MC v Bulgaria ECHR 10-Mar-2011
Execution of the judgment . .
Cited – Commissioner of Police of The Metropolis v DSD and Another SC 21-Feb-2018
Two claimants had each been sexually assaulted by a later notorious, multiple rapist. Each had made complaints to police about their assaults but said that no effective steps had been taken to investigate the serious complaints.
Held: The . .
Explained – DSD and Another v The Commissioner of Police for The Metropolis QBD 28-Feb-2014
The claimants sought damages alleging negligent failure by the police to investigate and find a serial rapist.
Held: The claim succeeded. The claimants were entitled to damages from the defendant, the Commissioner of the Police of the . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 08 June 2022; Ref: scu.190198
