Published on 7 November 2022

FIFTH SECTION

Application no. 54409/21 M.B. against Georgia lodged on 25 October 2021 communicated on 17 October 2022

SUBJECT MATTER OF THE CASE

The application concerns allegations of insufficient and ineffective criminal investigation into, and failure to prosecute, the applicant’s claims of sexual assault. On 19 October 2019 the applicant pressed charges against a man for rape allegedly committed on the night of 12 to 13 October 2019. A statement was taken from her on the same date and from the accused on 23 October 2019. The applicant underwent forensic medical examination and psychological examination; several other investigative measures were also undertaken in October 2019. Since then, the criminal proceedings are ongoing, and no charges have been brought to date. The applicant complains that the respondent State has failed under Article 3 of the Convention to carry out effective criminal investigation into her allegations of rape. She also complains, under Article 14 of the Convention, in conjunction with the above Article, that the respondent State has as a result failed to protect her as a woman from gender-based violence.

QUESTIONS TO THE PARTIES

1. 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)?

2. Has the applicant suffered gender-based discrimination contrary to Article 14 of the Convention, read in conjunction with Article 3 of the Convention (see, for example , Opuz v. Turkey , no. 33401/02, ECHR 2009, and Volodina v. Russia , no. 41261/17, 9 July 2019)?