Effective criminal investigations for women victims of domestic violence: The approach of the ECtHR

Abstract

The study explores the main components of an effective criminal investigation as well as potential obstacles to such investigation envisaged in the case law of the ECtHR, namely in the frame of the domestic violence-related cases. To put particular emphasis on the case of Opuz v. Turkey (2009), referred to as “Europe's Landmark Judgment on Violence against Women” (Abdel-Monem, 2009), the study thus indicates the deficiencies in Turkish criminal procedural law that failed to meet an effective investigation and led the case to end up before the ECtHR. In order to explore the approach of the ECtHR on effective criminal investigations for women victims of domestic violence from the point of criminal procedural law, this study considers the ECtHR's unique conceptualization of positive (procedural) obligation of the State as a core proposition in combating domestic violence which calls on criminal law to take appropriate and effective action. Consequently, human rights of women emerge in criminal law to substitute the ultima ratio principle with prima ratio. Finally, the study provides some concluding remarks.