DJ was allegedly raped by his colleague. The Croatian authorities failed to conduct an effective investigation of the rape allegation by failing to conduct a proper inspection of the scene of the alleged crime, interview the injured party and other witnesses, and secure forensic evidence. The trial judge placed his emphasis on DJ alleged antisocial behavior thus lacked perceived impartiality. The ECtHR found Croatia in breach of the procedural aspect of Article 3 and 8 of the ECHR. It stressed that ‘the allegation that a rape victim was under the influence of alcohol or other circumstances concerning the victim’s behaviour or personality cannot dispense the authorities from the obligation to effectively investigate.’ The case adds to the Court’s jurisprudence recognizing violence against women as a form of ill-treatment prohibited by Article 3 of the ECHR and refines the contents of the state’s positive obligations to punish rape and investigate rape cases.
D.J. v. Croatia
European Court of Human Rights