EIT: Raiskausasian tehoton tutkinta rikkoi ihmisoikeussopimusta

Tutkinnassa korostettiin liikaa sitä, ettei uhri olisi vastustanut raiskaajaa.

In its committee judgment in the case of E.B. v. Romania (application no. 49089/10) the European
Court of Human Rights held unanimously that there had been:

• a violation of Article 3 (prohibition of inhuman or degrading treatment) and of Article 8 (right to respect for private and family life).

The case concerned the applicant’s complaint that her accusations of rape had not been properly investigated and that she had been deprived of her procedural rights.
The Court found that the authorities had failed to carry out a proper investigation and had overly emphasised the fact that she had not resisted her alleged attacker. Owing to her slight intellectual incapacity, her case had required a context-sensitive investigation, but there had not been one. The authorities’ approach had undermined the applicant’s rights as a victim of violence, had deprived domestic law of its purpose of effectively punishing and prosecuting sexual offences, and had raised doubts about the system put in place by the Romanian State under its international obligations.
The judgment is final.