CEDH · CASELAW;COMMUNICATEDCASES;ENG — 11 décembre 2024

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s6B505E72 { margin:0pt; padding-left:0pt } .s5E8F5A28 { margin-top:14pt; margin-left:25.5pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-family:Arial; font-weight:bold } .s9167BAAD { font-family:Arial; color:#0d0d0d } .sA85548BA { font-family:Arial; font-style:italic; color:#0d0d0d } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 6 January 2025   FIFTH SECTION Application no. 15233/24 Maria LATUS against the Republic of Moldova lodged on 15 May 2024 communicated on 11 December 2024 SUBJECT MATTER OF THE CASE The application concerns the alleged failure of domestic authorities to protect the applicant and her sister from violence at the hands of their close relative, including to secure the proper enforcement of a protection order, to investigate and sanction the officials for the inactions or passive reaction that resulted in the death of the applicant’s sister. The applicant and her sister (L.E.) were living together with their close relative (M.G). The applicant alleges that she and her sister were subjected to domestic violence by M.G. for many years. The assault of the applicant by M.G. On 16 May 2019 the applicant was verbally and physically assaulted by M.G. in her home. A medical report drawn up on the same day mentioned multiple fractured ribs. The injuries were classified as severe bodily injuries. When calling the police, on 16 May 2019, the applicant mentioned that her sister was still in the house and that she was bedridden and needed protection. The police initiated criminal proceedings on charges of domestic violence (Article 201/1 (3) (a) of the Criminal Code), in particular for having inflicted severe bodily injuries on the applicant. Protection order On 23 May 2019 the applicant, assisted by a lawyer, sought a protection order for herself. In her request she noted that there had been a history of physical and psychological violence, including towards her sister. On the same day the court granted her request, issuing a protection order for ninety days, for the duration of which M.G. was to leave their common residence, to refrain from any contact with the applicant and to stay at least 200 m away from her. On 27 May 2019 the applicant complained to the police about M.G.’s failure to comply with the protection order, mentioning that she was afraid to return home. The police initiated criminal proceedings for breach of the protection order by M.G. On 05 June 2019, because M.G. refused to leave the applicant’s house and continued to be aggressive, relying on the provisions of the Criminal Procedure Code, namely art. 185, the applicant requested the prosecution office to detain M.G. and later to request pre-trial detention for the latter. The assault (murder) of L.E. by M.G. On 08 June 2019 while M.G. was at home with L.E., he took advantage of her disability and assaulted her, causing her death. The police initiated criminal proceedings against M.G. on charges of murder and arrested him. The Chisinau district court convicted M.G. on all counts and sentenced him to eight months’ imprisonment for breaching the protection order, 12   years’ imprisonment for murder and 7 years’ imprisonment for domestic violence. Complaint about the inactivity of public authorities On 10 June 2019 the applicant, assisted by her lawyer, sought the institution of criminal and disciplinary proceedings against the police officer, criminal investigator, and prosecutor for not responding promptly to the applicant’s complaints and requests, which led to her sister’s murder. The prosecution service initiated disciplinary proceedings against the police officer. The complaint concerning the alleged inactions of the criminal investigator and prosecutor was rejected. On 17 January 2024, after several sets of proceedings, the applicant’s appeal was finally rejected. The applicant complains under Article 2 (in respect of her sister) and Article   3 (in respect of herself) of the Convention of the failure of domestic authorities to protect the applicant and her sister from violence at the hands of their close relative, including to secure the proper enforcement of the protection order, to investigate and sanction the officials for the inactions or passive reaction that resulted in L.E.’s death. QUESTIONS TO THE PARTIES 1.     Has there been a breach of Article 2 (in respect of the applicant’s sister) and Article 3 (in respect of the applicant herself) of the Convention? In particular, given the fact that the authorities were aware of the danger posed by the applicant’s close relative, did they comply with their positive obligation to take all necessary steps to protect their rights, as required by Article 2 (in respect of the applicant’s sister) and Article 3 ( in respect of the applicant herself) of the Convention (see Osman v. the United Kingdom , 28   October 1998, Reports of Judgments and Decisions 1998-VIII, and Eremia v. the Republic of Moldova , no. 3564/11, 28 May 2013)?   2.     Has the State reacted adequately to the relevant domestic authorities’ alleged failure to protect the rights of the applicant and her sister under Articles 2 and 3 of the Convention? In particular, having regard to the procedural obligations under Article 2 and Article 3 (see Salman v.   Turkey [GC], no. 21986/93, § 104, ECHR 2000-VII), was the investigation in the present case in breach of the Convention? In this connection, did the investigating authorities conduct an effective investigation into possible inactivity on the part of the police officers/prosecutors, as alleged by the applicant?