Communicated on 10 January 2020

Published on 27 January 2020

THIRD SECTION

Application no. 58127/19 V .D . against Russia lodged on 29 October 2019

SUBJECT MATTER OF THE CASE

The application concerns the Russian authorities ’ failure to respond to a situation of domestic violence (see Volodina v. Russia , no. 41261/17, 9 July 2019). On 12 June 2016 the applicant was beaten by her ex-husband after she had refused to go back to living with him. The police declined to investigate and referred her to a justice of the peace. On 21 June 2016 the applicant ’ s mother alerted the police that her daughter was missing and that her ex-husband had threatened to kill her. On that day the ex-husband – who was HIV-positive and rejected any form of treatment – took the applicant to the woods and raped her at knifepoint. On 15 November 2017 he was convicted of aggravated assault and an HIV infection attempt and sentenced to four years and eight months ’ imprisonment conditional on five years ’ probation. The applicant ’ s subsequent attempts to have the police investigate the first assault and the death threats had been unsuccessful; in 2019 the prosecution became time-barred.

QUESTIONS TO THE PARTIES

1. As regards the alleged violations of Articles 3 and 13 of the Convention in connection with the assault on the applicant on 12 June 2016 and the death threats made on 21 June 2016, did the Russian authorities discharge their obligation to protect her against the violence inflicted by her ex-husband? In particular,

(a) Did the Russian State discharge the obligation to establish and apply effectively a legislative framework for punishing all forms of domestic violence and providing sufficient safeguards for victims?

(b) Did the Russian authorities discharge the obligation to take the reasonable measures that might have been expected of them in the circumstances in order to avert further risk of ill-treatment after the assault on 12 June 2016?

(c) Did the Russian authorities discharge the obligation to conduct an effective investigation into all instances of ill-treatment which had been reported to them and to bring the perpetrator to account?

2. As regards the alleged violation of Article 14 of the Convention, taken in conjunction with Articles 3 and 8, did the applicant establish that she was the victim of individual prejudice on account of her sex (see Volodina , cited above, § 114)?