The European Court of Human Rights has held that Slovakia breached Article 3 of the European Convention on Human Rights by failing to conduct a prompt, thorough and context-sensitive investigation into allegations of serious domestic violence.
The case concerned J.S., a Slovak national who alleged that she had been subjected to repeated physical, psychological and sexual abuse by her former husband over a prolonged period. Criminal proceedings were initiated in 2014 and were supported by extensive witness testimony, expert psychological and psychiatric evidence and medical records. Despite this, the domestic courts acquitted the accused on three occasions, with the final acquittal upheld in 2022 after proceedings lasting more than seven years.
The Court accepted that the police investigation had initially been sufficiently prompt but found that the subsequent judicial proceedings were excessively protracted and ineffective. It criticised the domestic courts for adopting an overly formalistic approach to the evidence and for failing to assess the allegations in their broader context, including the history, pattern and dynamics of domestic violence. In particular, the courts had disregarded corroborative witness and expert evidence and had failed to analyse the case from a gender-based violence perspective.
The Court emphasised that domestic violence cases require careful scrutiny and a holistic assessment of interrelated incidents rather than an isolated evaluation of individual events. The repeated retrials and prolonged uncertainty were found to have subjected the applicant to additional suffering, contrary to the State’s positive obligations under Article 3 to provide effective protection against inhuman or degrading treatment.
In light of its findings under Article 3, the Court considered it unnecessary to separately examine the complaints under Articles 8 and 13. The complaint under Article 14 was rejected, as the applicant had not demonstrated that the deficiencies in her case disclosed a discriminatory attitude or systemic gender bias on the part of the Slovak authorities.
The Court awarded the applicant €16,000 in non-pecuniary damages and 2,500 euros in costs and expenses.