ARSENII v. THE REPUBLIC OF MOLDOVA
Doc ref: 23197/21 • ECHR ID: 001-218009
Document date: May 24, 2022
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Published on 13 June 2022
SECOND SECTION
Application no. 23197/21 Liliana ARSENII against the Republic of Moldova lodged on 28 April 2021 communicated on 24 May 2022
SUBJECT MATTER OF THE CASE
The application concerns the alleged ineffective investigation into an episode of domestic violence suffered by the applicant at the hands of her husband in 2016. In particular, a criminal investigation on charges of domestic violence was initiated in 2018 and was subsequently closed and reopened on several occasions due to found deficiencies. The last reopening was ordered on 19 January 2021 by the Chișinău Court of Appeal. The statutory time-limit for prosecuting the said act of violence appears to have expired on 14 May 2021.
QUESTION TO THE PARTIES
Having regard to the procedural protection of the rights protected under Article 3 of the Convention, was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention ( Opuz v. Turkey , no. 33401/02, §§ 108-13, ECHR 2009)? Did the Moldovan authorities discharge the obligation to conduct an effective investigation into the act of domestic violence and to bring the perpetrator to account (see, Eremia v. the Republic of Moldova , no. 3564/11, 28 May 2013 and mutatis mutandis O.R. and L.R. v. the Republic of Moldova , no. 24129/11, § 77, 30 October 2018)?
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