Kontrova v. Slovakia

Title: 
Kontrova v. Slovakia
Document Type: 
Case Law
Reference: 
App. No. 7510/04, (2007).
Annotation: 
Kontrova was the first case in which the European Court of Human Rights recognized a rights violation for failing to offer adequate protection from domestic violence. In 2002, Kontrova filed a criminal complaint against her husband, accusing him of assaulting her and beating her with an electric cable. Days later, she returned to the police station with her husband to modify the complaint such that her husband's alleged actions were treated as a minor offence, which called for no further action. The following month, the police were called by Kontrova and a relative to report that the husband had a shotgun and was threatening to kill himself and the children. A few days later, he acted on these threats and killed the children. Although the domestic courts found that the tragedy was a direct consequence of the police's failure to act, Kontrova was unsuccessful in seeking compensation. In light of these facts, the Court held that there had been a violation of Article 2, the right to life, given the domestic authorities' failure to protect the lives of the applicant's children. The Court found that the police had failed in their obligations by not accepting the criminal complaint, launching an investigation and commencing criminal proceedings. The Court also condemned the State's failure to take action pursuant to the emergency calls placed shortly before the murders. Finally, the Court held that the State had also violated Article 13, the right to an effective remedy, stating that Kontrova should have been able to apply for compensation where she had suffered harm as a result of police failures.