European Court of Human Rights - Volodina v. Russia (no 2) - Application no. 40419/19

giurisprudenza e prassi internazionale - international case-law and practice

Data – Date :

14/12/2021

Note – Notes:

Ruling:

The Court declares the application admissible and holds that there has been a violation of Art. 8 of the Convention.

Reference to obligations of criminalization:

(Paragraph 49) The States have a positive obligation to establish and apply effectively a system punishing all forms of domestic violence and to provide sufficient safeguards for the victims. The positive obligation applies to all forms of domestic violence, whether occurring offline or online. The Court has found that this positive obligation – in some cases under Articles 2 or 3 and in other instances under Article 8 taken alone or in combination with Article 3 of the Convention – includes in particular: (a) the obligation to establish and apply in practice an adequate legal framework affording protection against violence by private individuals; (b) the obligation to take the reasonable measures in order to avert a real and immediate risk of recurrent violence of which the authorities knew or ought to have known, and (c) the obligation to conduct an effective investigation into the acts of violence.

Reference to human dignity:

Reference to human dignity are made in the Court’s observations on the particular vulnerability of victims of domestic violence and the need for active State involvement in their protection, emphasised both in international instruments and in the Court’s case-law.
(Paragraph 50) “There is no dispute as to the applicability of Article 8 in the instant case: the Court has found in the first judgment that the publication of the applicant’s intimate photographs “undermined her dignity, conveying a message of humiliation and disrespect” (see Volodina, cited above, § 75). The non-consensual publication of her intimate photographs, the creation of fake social-media profiles which purported to impersonate her, and her tracking with the use of a GPS device interfered with her enjoyment of her private life, causing her to feel anxiety, distress and insecurity.”

Norme penali italiane rilevanti – Relevant italian rules:

Arts. 8 ECHR, Art. 41 ECHR.
Arts. 150, 152.1, 152.2 Russian Civil Code.
Art. 137 Russian Criminal Code.

Parole chiave – Keywords:

Corte Europea dei Diritti Umani - European Court Of Human Rights, Cyber-Crime - Cyber-Crime, Donne - Woman, Obbligo di Incriminazione Implicito - Implicit Criminalization Obligation, Trattato - Treaty