Closed doors from the authorities against domestic violence denounce the right to respect for privacy
Ž.B. v. Croatia 11-07-2017 (no. 47666/13)
The case concerned the applicant’s complaint that the authorities had failed to exercise proper and effective prosecution for domestic violence against her husband.
The applicant filed a lawsuit against her husband for physical and psychological violence in May 2007.
Based in particular on Article 8 (right to respect for private and family life), the applicant complained that the domestic authorities had failed to prosecute effectively against her husband. The ECtHR has decided that there has been a violation of the Convention.
The applicant, Ms Ž.B., is a Croatian national who was born in 1981. The case concerned her complaint that the authorities had failed to properly prosecute her husband for his acts of domestic violence against her.
Ms Ž.B. lodged a criminal complaint about her husband’s alleged acts of physical and psychological violence in May 2007. He was prosecuted and convicted on two occasions, but both judgments were overturned on appeal and remitted to trial, on the ground that some relevant facts had not been established. When the proceedings were resumed again in January 2013, they were discontinued on the grounds that the 2011 Criminal Code had abolished the offence of domestic violence.
Relying in particular on Article 8 (right to respect for private and family life), Ms Ž.B. complained that the domestic authorities had failed to effectively prosecute a person who had committed domestic violence against her.
THE DECISION OF THE COURT
Violation of Article 8
Just satisfaction: EUR 7,500 in respect of non-pecuniary damage and EUR 115 for costs and expenses(echrcaselaw.com editing).