Exercise of violence and abuse by his former wife and adult children

JUDGMENT 

Dornean v Republic of Moldova 29.05.2018 (no. 27810/07)

see here

SUMMARY

Complaint regarding abuse by his former wife and his adult children. No research. Infringement of Article 3 (prohibition of inhuman or degrading treatment) because there has been no effective investigation into allegations of ill-treatment.

PROVISION 

Article  3

PRINCIPAL FACTS 

The applicant, Leonid Dornean, is a Moldovan national who was born in 1951 and lives in Trinca (the Republic of Moldova).

The case concerned his complaint that he had been beaten and assaulted by his ex-wife and adult children and that the authorities had failed to investigate his allegations properly.
Between 2005 and 2007 Mr Dornean complained to prosecutors of various incidents of assault by his ex-wife and children.

In particular, in December 2006 they allegedly assaulted him at their home and broke his left elbow.

Investigators looked at this complaint on and off for four years, but the investigation was eventually discontinued in 2010.

Relying on Article 3 (prohibition of torture and of inhuman or degrading treatment) of the European Convention on Human Rights, Mr Dornean complained that there had been no effective investigation into his allegation of ill-treatment by his ex-wife and children.

THE DECISION OF THE COURT

Violation of Article 3 (investigation)

Just satisfaction: 5,000 euros (EUR) (non-pecuniary damage) and 17,529 Moldovan lei (MDL) (costs and expenses)(echrcaselaw.com editing).


ECHRCaseLaw

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