Article 3 (procedural and substantive) - Ineffective investigation into arguable allegations of ill-treatment by police officers - Allegations not proved “beyond reasonable doubt”, partly due to investigation shortcomings
Contents for term
Article 3 (procedural and substantive) - Ineffective investigation into arguable allegations of ill-treatment by police officers - Allegations not proved “beyond reasonable doubt”, partly due to investigation shortcomings
Sexual violence criminal offence - Sexual violence committed by a doctor against a young patient - Applicability of the aggravating circumstance of abuse of authority
Alternative medicine practitioner, osteopathy - Patient's consent required if medical treatment is invasive of the sexual sphere - Sexual violence committed where the patient has not been informed in advance
The offence of sexual violence is committed in the case of a forced kiss on the lips - Qualification of the kiss on the mouth as a ‘sexual act’ even in the case of mere lip contact - Kissing as an act of erotic value
Gang rape - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence - The prior agreement of the participants is not required in gang rape offence
Sexual violence criminal offence - Possibility of deeming ‘unconventional’ sexual acts to be lawful insofar as they take place with the consent of the participants throughout their duration
The offence of sexual violence is committed in the case of sudden embrace involving physical contact between the bodies, including the genitals, and lateral touching of the breasts - Offence of sexual violence and mitigating circumstances - Inability to counter
Sexual violence and the hypothesis of lesser seriousness – Psychophysical consequences suffered by the victim judged to be of such a magnitude that the act cannot be considered less serious
Any form of psycho-physical coercion capable of affecting the freedom of people’s self-determination is sufficient for the offence of sexual violence to be committed - Cultural differences are irrelevant in offences against fundamental human rights
The offence of sexual violence is committed in the case of a slap on the bottom - Sexual act capable of embodying sexual pleasure or arousing the stimulus thereof
Sexual violence criminal offence - Foreigner accused of a crime against the person or the family – Defendant’s cultural and religious differences are in no way justifications
Attempted act of same-sex indecency committed by a civil servant on male minors — Disciplinary sanction adopted in 1975, compulsory early retirement accompanied by a reduction in the pension entitlement — Discrimination on grounds of sexual orientation, effects of the application of Directive 2000/78/EC on the disciplinary sanction, calculation of the retirement pension paid
Judge Rapporteur: M. Safjan
Gang rape - Participation in gang rape by means of mobile phone filming - The offence of gang rape is committed even if not all members of the group commit acts of sexual violence
Gang rape – Victim’s voluntary consumption of alcohol or drugs - Abuse of mental or physical inferiority
Forced taking of the so-called ‘date rape drug’ - Sexual violence aggravated by the abuse of the victim's impaired psychophysical condition due to drug use
State's violation of the rights to a fair trial, judicial protection, humane treatment, and personal liberty underArticles 8, 25, 5 and 7 of the American Convention on Human Rights
State's responsibility for sexual slavery and torture - State's failure to investigate, prosecute and act quickly to rescue a young woman having been kidnapped, continually raped, tortured and kept in conditions of sexual slavery over a period of almost 4 months
In cases of violence against children and adolescents, States have a reinforced duty of due diligence requiring the adoption of special protection measures and the development of a procedure adapted to their needs - The State has conducted a revictimised investigation - State's failure to provide a multidisciplinary care and treatment to ensure the coordination of the different State agencies to protect children and adolescents
Excessive, indiscriminate and unwarranted use of force by the police, verbally, physically and sexually abusing eleven women during violent clashes between state and federal police and protesters - Widespread use of sexual violence against female protesters as a tactic of social control aimed at intimidating and silencing the women amounts to torture - Gender stereotypes and biases in the domestic authorities’ response including that women were lying and they should have stayed home cooking and taking care of their children
Sexual violence criminal offence - Woman with disabilities as victim of the criminal offence - Reliability of the woman's statements