CEDH · CASELAW;COMMUNICATEDCASES;ENG — 8 août 2025

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .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 } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s25D5DE94 { margin-top:66pt; margin-bottom:0pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:7pt } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 25 August 2025   FIFTH SECTION Application no. 56463/19 E. B. against the Republic of Moldova lodged on 17 October 2019 communicated on 8 August 2025 SUBJECT MATTER OF THE CASE The application concerns the effectiveness of investigation into the applicant’s complaint regarding her alleged rape. The applicant claims that she was blackmailed by the alleged perpetrator into not reporting the incident immediately, and she filed a complaint only several hours later. Initially, the prosecutor’s office refused to open a criminal investigation on two occasions, but those decisions were overturned by an investigating judge. It was only 15   months after the alleged rape that a prosecutor initiated a criminal case. However, the prosecutor’s office subsequently discontinued the investigation on six separate occasions, finding that the sexual intercourse had been consensual and that the actions of the alleged perpetrator had not thus constituted an offence. The issue related to the discontinuation of the investigation is currently pending before the domestic courts. The applicant complains that her right not to be subjected to inhuman and degrading treatment guaranteed by Article 3 of the Convention was violated by the State’s failure to observe its positive obligations to conduct a thorough and efficient investigation into her complaint.       QUESTION TO THE PARTIES Having regard to the positive obligations of States inherent in Article   3 of the Convention to carry out a thorough and effective investigation and prosecution of acts of sexual abuse and rape, has the investigation in the present case by the domestic authorities been in breach of the above ‑ mentioned Article (see, for example, M.C. v.   Bulgaria , no.   39272/98, ECHR   2003-XII, and E.B. v. Romania, no.   49089/10, 19   March 2019)?   The Government are asked to submit a copy of the full version of the case file concerning the criminal investigation instituted by the Prosecutor’s Office in respect of the alleged rape of the applicant.