SQ
ENCase no. [46598/06], ECHR, Strasbourg, 15 January 2009 [Section I]
Ground: domestic violence; the right to life; effective remedies; positive actions; effective investigation; the Articles 2 & 13 of the ECHR.
The abstract of the Judgment
This case has to do with the violation of positive obligations of the state for the protection of persons’ lives from domestic violence who are threatened with death, taking adequate measures, based on the Article 2 of ECHR. The applicants are relatives of M.T. and of her infant child V.T, both killed on August 2006 by M.M., the child’s father. From the facts results that M.T. and M.M. had lived together at the parents’ house of M.T., up to July 2005. Afterwards M.M. had moved due to disputes with family members. On January 2006 M.T. had files a criminal action versus M.M. due to death threats of this last one. Under a psychiatric assessment, the authorities were informed that M.M. could repeat similar actions in the future and was emphasized the necessity for his psychiatric assessment. On 15 March 2006 the Municipal Court found M.M. guilty because he repeatedly had threatened that he would kill M.T., himself and their child with a bomb. He was sentenced to five months’ imprisonment and a security measure of compulsory psychiatric treatment was ordered during his imprisonment and afterwards as necessary. On 28 April 2006 the Čakovec County Court reduced the security measure to the duration of M.M.’s prison sentence and upheld the remaining part of the judgment. M.M. was released on 3 July 2006. On 15 August 2006 he shot M.T., her daughter V.T. and himself.