Published on 12 June 2023

FOURTH SECTION

Application no. 41192/22 G.R.N. against Romania lodged on 12 August 2022 communicated on 22 May 2023

SUBJECT MATTER OF THE CASE

The applicant suffers of a psychomotor disability.

The application concerns the alleged lack of effectiveness of the criminal investigation into domestic violence inflicted on the applicant by his mother’s partner, in February 2017, when the applicant was 16 years old.

The applicant’s mother lodged a criminal complaint against her then partner, claiming that the latter had assaulted both her and the applicant. The applicant was diagnosed with a nasal bone fracture requiring 12-14 days of medical care, the forensic medical certificate indicating that it could be blunt force trauma.

A criminal investigation was immediately started, but it was discontinued for lack of evidence. Following the applicant’s complaints, the pre-trial judge ordered the reopening of the investigation.

The criminal investigation was re-opened but discontinued again for lack of evidence. The pre-trial judge ordered again the reopening of the investigation, given that no explanation was provided as regards the causes of the injury found on the applicant, as indicated by the forensic medical certificate, and indicated further evidence to be administered by the investigation bodies.

The criminal investigation was re-opened but discontinued for the third time for lack of evidence, as the investigating authorities gave prevalence to the presumption of innocence and the in dubio pro reo principle. The applicant’s complaint against the prosecution’s decision was finally dismissed by final interlocutory judgment of 21 April 2022 of the pre ‑ trial judge of the Târgu Mureș District Court, considering that there was no direct evidence, there were contradictions in the applicant’s mother statements and the possibility of her prompting the applicant’s statements, together with the possibility for the applicant to have hurt himself.

QUESTIONS TO THE PARTIES

1. Having regard to the procedural protection from all forms of ill ‑ treatment prohibited under Article 3 (see paragraph 131 of Labita v. Italy [GC], no. 26772/95), was the conduct of the investigation by the domestic authorities in the present case, relating to domestic violence inflicted to a child suffering of a psychomotor disability (investigations concluded by decision of 21 April 2022 of the Târgu Mureș District Court), in compliance with Article 3 of the Convention (see G.M. and Others v. the Republic of Moldova , no. 44394/15, §§ 92-109, 22 November 2022)?

In particular, was the investigation effective and did it take into account the child’s best interests (see, notably, D.M.D. v. Romania , no. 23022/13, §§ 41 and 50-52, 3 October 2017, and M. and M. v. Croatia , no. 10161/13, §§ 136 and 142, ECHR 2015 (extracts))?

2. The Government are invited to submit factual information with respect to measures put in place – if any – in the present case, as well as in similar cases of criminal procedures involving domestic violence on children, with the aim to ensure that the child’s best interest is taken into account ( mutatis mutandis, N.Ç. v. Turkey , no. 40591/11, §§ 132-135, 9 February 2021).