Inadequate protection for 15-year-old domestic-violence victim : Bulgaria condemned by the European Court of Human Rights

Inadequate protection for 15-year-old domestic-violence victim : Bulgaria condemned by the European Court of Human Rights
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30-05-2023

Anouk Pinaud 

International Justice and Human Rights Researcher, 

Global Human Rights Defence, 

In a ruling handed down on 23 May 2023, the ECHR found Bulgaria in breach of its obligations concerning domestic violence against a 15-year-old minor. The conviction is based on a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights, and of Article 14 (prohibition of discrimination) in conjunction with Article 3. The Court found that Bulgaria's legislation was deficient in relation to domestic violence and, furthermore, that protection in practice had been insufficient. 

As regards the facts, the applicant is a young girl born in 2004. In 2018, she moved in with a 23-year-old man, Mr. D.M, who regularly beat her. In September 2019, following extreme violence, she went to the hospital for treatment. Following this tragic event, the claimant's mother contacted the social services and the public prosecutor. Therefore, the social services ordered that the minor applicant, Ms A.E., be removed from her family. 

At the same time, the public prosecutor launched an investigation. The claimant alleged that Mr D.M. had regularly hit her in the stomach, beat her with hard objects, and allegedly strangled her. When questioned during the investigation, he denied physically and psychologically abusing the child. At the end of the preliminary investigation, the public prosecutor decided not to initiate criminal proceedings against Mr. D.M. Indeed, the prosecutor considered that only an offence subject to private prosecution, namely minor bodily harm, had been committed. This decision was revoked by the applicant. However, this decision was subsequently confirmed by the Sofia appellate prosecutor and Supreme Cassation Prosecutor’s Office. 

The application was lodged with the European Court of Human Rights on 26 November 2020.

In order for domestic violence to be publicly prosecuted under Bulgarian law, recurrent acts of violence had to be established. Moreover, the violence had to be repeated or at least of moderate severity for a public prosecution to ensue. 

It was ruled by the Court that Bulgaria had failed to establish an effective system for punishing all forms of domestic violence and providing adequate protection for its victims. In both law and fact, the State failed to adequately protect A.E, resulting in a violation of Article 3. 

Bulgaria has also violated Article 14 (prohibition of discrimination) in conjunction with Article 3. The Court notes that in Bulgaria, women are the main victims of domestic violence. As a female minor, Ms. A.E. should have been subject to measures that took account of this gender inequality and her vulnerable situation. The Government had failed to show what policies they had pursued to protect domestic-violence victims and to punish offenders. The Court found that Bulgaria had failed in its obligation to protect.

Consequently, the State of Bulgaria must pay Ms. A.E. 10,000 euros for non-pecuniary damage and must pay the costs of the proceedings.

By condemning the State, the Court puts an end to a series of cases involving domestic violence against women in Bulgaria and highlights that States have obligations towards their nationals. At a time when women's rights are a topical issue and the freeing of women's voices finally seems to be improving, the European Court of Human Rights, through this ruling, is reaffirming its unwavering support for the protection of the rights of all men and women. 

 

Sources and further readings: 

Case of A.E v. Bulgaria (Application no. 53891/20), Judgment, Third Section, 23 May 2023 : https://hudoc.echr.coe.int/eng?i=001-224778 

Press Release issued by the Registrar to the Court, ECHR 154 ( 2023), 23 May 2023: https://hudoc.echr.coe.int/eng-press?i=003-7654573-10548603 

European Court of Human Rights, May 2023, A.E. v. Bulgaria – 53891/20, Legal summary: https://hudoc.echr.coe.int/eng?i=002-14085