Slovak Republic

Ms. V. Ž. (the “Aggrieved”) was sexually assaulted by her mother’s partner, Mr. M. P. (the “Accused”) who had lived with them in same household for more than 5 years. The Bratislava I County Prosecutor terminated criminal proceedings after the Aggrieved refused to testify and to give her consent to initiate the criminal prosecution. The Attorney General of the Slovak Republic challenged this termination arguing that the Aggrieved was not entitled to refuse her testimony or withhold permission to initiate criminal proceedings.

Mrs. I.G., Mrs. R.H., and Mrs. M.K.

Ms. M. M. (the “Claimant”) filed an action with the District Court Bratislava II against her husband, Mr. Š. M. (the “Defendant”) to revoke his right to use the common household. This action was subsequently granted by the District Court Bratislava II, first in the form of a preliminary decision revoking the Defendant’s right to use the apartment and later as a final decision in the form of Decision No. 5 T 26/04. The court also found the Defendant guilty of the criminal offence of battery of a close relative and entrusted person and sentenced him to imprisonment.

Mr. X (the “Accused”) under the influence of alcohol physically assaulted his wife Mrs. Y (the “Aggrieved”) by hitting her head and face. Subsequently, the Accused physically assaulted the children of the Aggrieved from her first marriage. When the Aggrieved attempted to protect her children, the Accused beat her with his fists and kicked her. The Aggrieved and her children suffered various minor injuries which caused the inability to work for less than six days.

Over the course of two years Mr. X (the “Accused”) abused his wife Ms. Y (the “Aggrieved”) by constantly humiliating and beating her. As a result, the Aggrieved experienced substantial psychological trauma. According to the Aggrieved, the aggressive behavior of the Accused occurred on a daily basis and despite her refusal of intercourse, the Accused forced her into sexual intercourse by use of violence.

Mr. X (the “Accused”) threatened to kill his ex-wife, Mrs. Y, (the “Aggrieved”) by cutting her throat and hitting her head with a hammer. Two days later, the Accused threatened to kill the Aggrieved and her whole family and thereby caused the Aggrieved to fear that he would carry out such threats. The court ruled that the Accused had committed the criminal offence of dangerous threat under Section 360 (1) of the Criminal Code and sentenced him unconditionally to imprisonment for sixteen months.

Over the course of two months Mr. X (the “Accused”) threatened to kill his wife, Mrs. Y, (the “Aggrieved”) and to blow up the apartment. His actions and verbal assaults caused the Aggrieved to fear that he would carry out his threats. The Aggrieved and other witnesses attested to the Accused’s violent behavior. The Accused had previously been found guilty of similar violent acts for which the court had imposed a conditional sentence. The Aggrieved alleged that since the Accused was released from custody, his behavior had not changed and that he still had been insulting and threatening her.

Over the course of seven years, Mr. X (the “Accused”) caused substantial physical and psychological suffering to his wife Mrs. Y and his daughter Ms. Z (jointly the “Aggrieved") including strangling, physical assaults, threats of killing, and constant humiliation. Furthermore, the Accused prevented his daughter from entering the apartment, where she lived with her parents. During the main trial, the Accused refused to testify and so did the Aggrieved Persons.

In Slovakia, a petition signed by at least 350,000 voters may initiate a referendum as long as the questions relate to public interest. However, the subject of the referendum may not be basic rights and freedoms. The Constitutional Court reviews whether the subject of the referendum conforms to the Constitution.