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• Europäischer Gerichtshof für Menschenrechte

  VUCKOVIC v. CROATIA

  Violation of Article 3+8 - Prohibition of torture (Article 3 - Positive obligations) (Article 8 - Right to respect for private and family life;Positive obligations);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction) ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  VUCKOVIC v. CROATIA

  Art. 3, Art. 8, Art. 8 Abs. 1 MRK
  [ENG]

Wird zitiert von ... (0)Neu Zitiert selbst (16)

• EGMR, 20.02.2020 - 41990/18

  Y v. BULGARIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  The Court reiterates at the outset that rape and serious sexual assault amount to treatment that falls within the ambit of Article 3 of the Convention and also engages fundamental values and essential aspects of "private life" within the meaning of Article 8 (see Y v. Bulgaria, no. 41990/18, §§ 63-64, 20 February 2020, and the cases cited therein).

  It is not for the Court to say whether the national courts properly assessed the interplay of those factors; the Court cannot act as a domestic criminal court or hear appeals against the decisions of national courts, and it is not for it to pronounce on any points of criminal liability (see, among other authorities, Myumyun, cited above, § 75, and Y v. Bulgaria, no. 41990/18, § 94, 20 February 2020).

• EGMR, 25.03.2021 - 35983/14

  SMILJANIC v. CROATIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  In its decision dated 16 October 2013, the Constitutional Court declared the complaint inadmissible on the grounds that the case did not concern any of the complainants' civil rights or obligations or any criminal charge against them (see Smiljanic v. Croatia, no. 35983/14, §§ 34-35, 25 March 2021).

  The important point for the Court to review, therefore, is whether and to what extent the courts, in reaching their conclusion, might be deemed to have submitted the case to careful scrutiny of all the relevant considerations related to the case (compare also Smiljanic v. Croatia, no. 35983/14, § 99, 25 March 2021).

• EGMR, 15.06.2021 - 62903/15

  KURT v. AUSTRIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  Moreover, in its case-law on violence against women and on domestic violence, the Court has often been guided by the relevant international law standards on the matter, and notably the Istanbul Convention (see, for instance, Kurt v. Austria [GC], no. 62903/15, §§ 167-68, 15 June 2021).

 
• EGMR, 12.05.2015 - 73235/12

  IDENTOBA AND OTHERS v. GEORGIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  Finally, the Court has found violations of the States' procedural obligation in a number of cases of manifest disproportion between the gravity of the act and the results obtained at domestic level, fostering the sense that acts of ill-treatment went ignored by the relevant authorities and that there was a lack of effective protection against acts of ill-treatment (see Sabalic, cited above, § 110; Identoba and Others v. Georgia, no. 73235/12, § 75, 12 May 2015).
• EGMR, 27.05.2021 - 5671/16

  J.L. c. ITALIE

  Auszug aus EGMR, 12.12.2023 - 15798/20

  The Court has also reiterated the crucial role played by prosecution and punishment in the institutional response to gender-based violence and in combating gender inequality (see J.L. v. Italy, no. 5671/16, § 141, 27 May 2021).
• EGMR, 14.01.2021 - 50231/13

  SABALIC v. CROATIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  Moreover, when the official investigation has led to the institution of proceedings in the national courts, the proceedings as a whole, including the trial stage, must satisfy the requirements of Article 3 of the Convention (see Sabalic v. Croatia, no. 50231/13, § 97, 14 January 2021).
• EGMR, 12.06.2014 - 57856/11

  JELIC v. CROATIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  Furthermore, while the Court is mindful that the Contracting Parties in principle enjoy broad discretion in matters of penal policy (see Khamtokhu and Aksenchik v. Russia [GC], nos. 60367/08 and 961/11, § 85, 24 January 2017), it has already stressed that retribution as a form of justice for victims and general deterrence aimed at preventing new violations and upholding the rule of law are among the main purposes of imposing criminal sanctions (see Jelic v. Croatia, no. 57856/11, § 90, 12 June 2014).
• EGMR, 14.06.2022 - 56070/18

  STOYANOVA v. BULGARIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  The applicant's complaint in the present case was not directed against any flaws in the way in which her complaint of sexual violence had been investigated, but rather against the manner in which the second-instance court had decided the sentence imposed on the perpetrator would be served (see paragraphs 44-46 above, and, mutatis mutandis, Stoyanova v. Bulgaria, no. 56070/18, § 66, 14 June 2022).
• EGMR, 04.12.2003 - 39272/98

  M.C. c. BULGARIE

  Auszug aus EGMR, 12.12.2023 - 15798/20

  The Court has repeatedly stressed that States have a positive obligation inherent in Articles 3 and 8 of the Convention to enact criminal laws that effectively punish rape, and to apply them in practice through effective investigation and prosecution (see M.C. v. Bulgaria, no. 39272/98, § 153, ECHR 2003-XII, and B.V. v. Belgium, no. 61030/08, § 55, 2 May 2017).
• EGMR, 15.03.2016 - 61495/11

  M.G.C. v. ROMANIA

  Auszug aus EGMR, 12.12.2023 - 15798/20

  That positive obligation further requires the criminalisation and effective prosecution of all non-consensual sexual acts (see M.G.C. v. Romania, no. 61495/11, § 59, 15 March 2016; Z v. Bulgaria, no. 39257/17, § 67, 28 May 2020; and E.G. v. the Republic of Moldova, no. 37882/13, § 39, 13 April 2021).
• EGMR, 10.12.2019 - 71667/17

  KUSIC v. CROATIA
• EGMR, 28.05.2020 - 39257/17

  Z v. BULGARIA
• EGMR, 20.11.2018 - 31959/13

  PULFER v. ALBANIA
• EGMR, 13.04.2021 - 37882/13

  E.G. c. RÉPUBLIQUE DE MOLDOVA
• EGMR, 02.05.2017 - 61030/08

  B.V. c. BELGIQUE
• EGMR, 14.06.2022 - 18869/22

  STITIC v. CROATIA