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.