VUČKOVIĆ v. CROATIA
Doc ref: 15798/20 • ECHR ID: 001-210784
Document date: May 31, 2021
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Published on 21 June 2021
FIRST SECTION
Application no. 15798/20 Maja VUČKOVIĆ against Croatia lodged on 19 March 2020 communicated on 31 May 2021
SUBJECT MATTER OF THE CASE
The applicant was a victim of sexual abuse by a co-worker, who was convicted for two counts of sexual abuse against her and sentenced to community work.
The applicant complains under Articles 3 and 8 of the Convention that the punishment imposed on the perpetrator was disproportionately low in relation to the seriousness of the offences he had committed.
QUESTIONS TO THE PARTIES
1. Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention? In particular, was a complaint to the Constitutional Court an effective remedy within the meaning of this provision in respect of the applicant ’ s complaint under Articles 3 and 8 of the Convention (cf. Kušić and Others v. Croatia ( dec. ), no. 71667/17, 10 December 2019)?
2. Has there been a violation of the State ’ s procedural obligations under Articles 3 and/or 8 of the Convention in the present case? In particular, was the sanction imposed on the perpetrator of sexual abuse against the applicant manifestly disproportionate to the seriousness of the offences he had been convicted of (cf. Nikolova and Velichkova v. Bulgaria , no. 7888/03, 20 December 2007; A. v. Croatia , no. 55164/08, 14 October 2010; and Myumyun v. Bulgaria , no. 67258/13, 3 November 2015)?
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