M.M.B. v. Slovakia

When the applicant was four years old, her mother requested that she be examined by psychologists as the mother suspected the applicant’s father of sexual abuse. Psychologists concluded that the applicant exhibited symptoms of Child Abuse and Neglect (CAN) syndrome. Based on this report, the mother lodged a criminal complaint for sexual abuse against the father. Another psychological expert produced an opinion, which found that the applicant showed no signs of sexual abuse. The criminal prosecution was discontinued. A year later, the applicant’s mother again lodged a complaint based on the applicant’s additional allegations of sexual abuse by her father. The investigator opened a criminal prosecution and commissioned three expert opinions. One concluded that the applicant did not display signs of abuse and the other two concluded that the applicant did display symptoms of sexual abuse. The investigator charged the father with sexual abuse, but the regional prosecutor’s office annulled the decision to press charges and discontinued the criminal prosecution after the father filed a complaint. The applicant lodged a constitutional complaint challenging this decision, alleging that her Article 8 right to an effective investigation had been violated by the domestic authorities’ investigation into the allegation of abuse by her father. The Constitutional Court dismissed the applicant’s complaint. The European Court of Human Rights held that the national authorities had violated the applicant’s Article 8 right to respect for private and family life by failing to adequately investigate the abuse allegations. The Court ordered the State to pay damages because authorities ended proceedings without compelling reason and despite several expert witnesses indicating that the applicant had been sexually abused by her father.