CEDH · CASELAW;COMMUNICATEDCASES;ENG — 15 mars 2022

.s800EAC49 { font-size:12pt } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .sBB9EE52A { font-family:Arial } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s339D85E6 { margin-top:0pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s665E407E { margin-top:66pt; margin-bottom:14pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s5FFF0A75 { margin-top:0pt; margin-bottom:0pt; font-size:7pt } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s76CF415B { page-break-before:always; clear:both } .sA36B60A1 { font-family:Arial; font-style:italic } Published on 4 April 2022   FIRST SECTION Application no. 38588/21 X against Greece lodged on 7 July 2021 communicated on 15 March 2022 SUBJECT MATTER OF THE CASE The application concerns an investigation into the allegations of sexual abuse and the treatment of the alleged victim by the authorities. The applicant is a British national who contends that during her holidays in Greece, when she was 18 years old, the bartender of a hotel with whom she had briefly conversed attacked her and raped her on 27 September 2019. An investigation was opened by the police. According to the applicant, an incomplete medical examination took place and no body map of her injuries. She was provided no information and explanations on the procedure, no assistance and no official translations. The applicant was informed on 14 January 2021 by the British Embassy that the Indictment Division of the Preveza Council of Magistrates had absolved the accused on 2 October 2020. The applicant alleges that it was reported that the authorities decided, on the basis of the medical evidence collected, that there was sexual intercourse but not rape and that this practice was contrary to the applicable Greek law which did not require the element of violence. She complains that this deprived her of the chance to provide relevant evidence supporting the lack of consent. She relies on Articles   3 and 8 of the Convention.   QUESTION TO THE PARTIES Having regard to the positive obligations of States inherent in Articles 3 and 8 § 1 of the Convention to carry out an effective investigation and prosecution of acts of sexual assault, was the investigation in the present case by the domestic authorities in breach of the above-mentioned Articles (see, for example, M.C. v. Bulgaria , no. 39272/98, §§ 148-53, 4 December 2003, and E.B. v. Romania , no. 49089/10, §§ 53-56, 19 March 2019)?