I incorrectly predicted that there's no violation of human rights in A.P. v. THE REPUBLIC OF MOLDOVA.

Information

  • Judgment date: 2021-10-26
  • Communication date: 2018-04-13
  • Application number(s): 41086/12
  • Country:   MDA
  • Relevant ECHR article(s): 3, 8, 8-1
  • Conclusion:
    Violation of Article 3 - Prohibition of torture (Article 3 - Effective investigation) (Procedural aspect)
    Non-pecuniary damage - award (Article 41 - Non-pecuniary damage
    Just satisfaction)
  • Result: Violation
  • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.642317
  • Prediction: No violation
  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The application concerns the effectiveness of the investigation into the allegations of sexual abuse against the applicant who was five years old at the time by a boy who was twelve years old.
The applicant’s criminal complaint was dismissed as ill-founded after his questioning and the questioning of the alleged offender.
It appears from the materials of the case-file, inter alia, that no psychological investigation was ordered by the prosecutors and no confrontation between the victim and the alleged offender was carried out.
The applicant complains that the investigation into the allegations of sexual abuse against himself was not effective within the meaning of Articles 3 and 8 of the Convention.
QUESTION tO THE PARTIES Having regard to the procedural protection from inhuman or degrading treatment and the State’s positive obligations in respect of the applicant’s right to respect for his private life, was the investigation in the present case by the domestic authorities in breach of Articles 3 and 8 of the Convention (see M.C.
v. Bulgaria, no.
39272/98, ECHR 2003-XII)?
The Government are asked to submit a copy of the full version of the case file, concerning the criminal investigation instituted by the Prosecutor’s Office in respect of the alleged rape and ill-treatment of the applicant.

Judgment