Published on 25 April 2022

FOURTH SECTION

Application no. 58000/19 S.M. against Romania lodged on 23 October 2019 communicated on 8 April 2022

SUBJECT MATTER OF THE CASE

The application concerns the lack of an effective investigation into the alleged sexual abuse of the applicant (12 years old at the time of the first alleged criminal act) at several points in time in 2014 and 2015, by three men. By final decision of the Marghita District Court of 24 April 2019 the criminal proceedings lodged in this respect by the applicant were i) discontinued for lack of evidence of the alleged abuse, in respect of one of the men, and ii) abandoned for lack of public interest in continuing the proceedings, in respect of the other two men, taking into account the scarce degree of social danger of the facts, the factual circumstances, the lack of any intent to denigrate or to inflict physical harm on the applicant, the high costs of the investigation compared to the reduced “seriousness” of the facts.

Relying on Article 6 § 1 of the Convention, the applicant complains of lack of effective criminal investigations into and prosecution of charges of sexual violence.

QUESTION TO THE PARTIES

Having regard to the positive obligations of States inherent in Article 3 of the Convention, has the manner in which the criminal law mechanisms have been applied in the present case by the domestic authorities been in conformity with the above-mentioned Article? In particular, did the authorities comply with their positive obligations to investigate the allegations of sexual abuse of the applicant (see X and Others v. Bulgaria [GC], no. 22457/16, §§ 176-92, 2 February 2021, C.A.S. and C.S. v. Romania , no. 26692/05, §§ 78 and 81-83, 20 March 2012; and I.C. v. Romania , no. 36934/08, §§ 51-61, 24 May 2016)?

The Government are invited to submit a copy of the file pertaining to the domestic criminal investigation.