Published on 3 January 2022

THIRD SECTION

Application no. 26468/21 Valentina Nikolayevna TUMANOVA against Russia and 6 other applications (see list appended) communicated on 6 December 2021

SUBJECT MATTER OF THE CASES

The applications concern a situation of domestic violence, of which the applicants were victims at the hands of their (former) partners, husbands or other male family members. A short summary of each application is provided in the appendix.

QUESTIONS TO THE PARTIES

In all cases, as regards the alleged violations of Articles 2, 3, 8 and 13 of the Convention in connection with the violent and threatening behaviour of the applicants’ family members or (former) partners, including cyberharassment, did the Russian authorities discharge their obligation to protect the applicants against all forms of violence (see Volodina v. Russia , no. 41261/17, 9 July 2019, and Kurt v. Austria [GC], no. 62903/15, 15 June 2021)? 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 incidents after the applicants had reported the initial incidents to them? Did the Russian authorities design and implement a strategy for risk assessment and management of domestic violence?

(c) Did the Russian authorities discharge the obligation to conduct an effective investigation into all instances of violence which had been reported to them and to bring the perpetrators to account by imposing sufficiently dissuasive sanctions?

APPENDIX

No.

Application no.

Case name

Lodged on

Applicant Year of Birth Place of Residence

Represented by

1.

26468/21

Tumanova

v. Russia

30/04/2021

Valentina Nikolayevna TUMANOVA 1971 Denezhnikovo

Mariya Igorevna NEMOVA

Between 2018 and 2020 the applicant’s former husband assaulted her verbally and physically and damaged her property. On 27/09/2020 she sustained injuries to her head, the police refused to investigate (03/10/2020), the courts upheld the refusal to investigate (11/05/2021). On 31/10/2020 he disfigured and scarred her face and was convicted and given a sentence of imprisonment for that attack (final decision 30/04/2021).

2.

31305/21

Chernyshova v. Russia

21/05/2021

Yevgeniya Vladimirovna CHERNYSHOVA 1986

Moscow

Valentina Nikolayevna FROLOVA

Before and during the divorce proceedings the applicant’s (former) husband made death threats against her which the police refused to investigate as not being sufficiently “real” (15/07/2020, upheld on 14/12/2020).

3.

34961/21

Denisova and Berngardt

v. Russia

20/06/2021

Anastasiya Vladimirovna DENISOVA 1988 Uyar Ilona Leonidovna BERNGARDT 2010 Uyar

Vladimir KOLESNI KOVICH

Since 2015 the applicants, mother and daughter, have suffered verbal abuse and physical violence from the mother’s former partner. The police refused to investigate (most recent report on 28/11/2020; upheld by the prosecutor on 14/05/2021).

4.

37609/21

Baskanova v. Russia

14/07/2021

Galina Ivanovna BASKANOVA 1964 Moscow

Mariya Igorevna NEMOVA

Since 2018 the applicant has suffered sexual abuse and physical violence at the hands of her husband (most recent incident 17/01/2021, final judicial decision upholding the refusal to prosecute 18/05/2021).

5.

37702/21

Bondarenko v. Russia

13/07/2021

Anfisa Denisovna BONDARENKO 2005 St Petersburg

Olga Vladimirovna KARACHEVA

Between 2015 and 2017 the applicant suffered verbal and physical abuse from her father (criminal case for tormenting opened on 21/03/2019, the charges recharacterised as child neglect on 21/06/2019, prosecution on the new charges discontinued as time-barred on 21/07/2019, final judicial decision on 13/01/2021).

6.

37716/21

Ivanova

v. Russia

21/07/2021

Yelena Vladimirovna IVANOVA 1984 Orekhovo-Zuyevo

Tatyana Yuryevna SAVVINA

Following her separation from the abusive partner, he sent the applicant’s intimate photographs to her friends and co-workers and threatened to kill or mutilate her (refusal to investigate on 20/08/2020, final judicial decision on 21/01/2021, the Moscow City Court).

7.

48072/21

Burova and Telkina

v. Russia

10/09/2021

Darya Vyacheslavovna BUROVA 1987 Moscow Yeva Aleksandrovna TELKINA 2019 Moscow

Mari Davitovna DAVTYAN

The police had been aware of on-going domestic violence against the first applicant’s sister and the second applicant’s mother since 21/06/2018 but had not offered any protection measures and had not opened an investigation until she was killed by her abusive partner (14/03/2020). On 11/03/2021 the man was convicted and given a sentence of imprisonment. An investigation into police negligence is on-going.