Contributed by: Jana Olearnikova, Slovak National VAW Monitor

Bratislava (TASR) – The European Human Rights Court (EHRC) in Strasbourg passed its judgment in Dana Kontrova v. Slovak Republic on 31 May 2007.

Ms. Kontrova filed a complaint against Slovak Republic for the violation of her children´s right to life, violation of her right to respect of her private and family life, violation of her right to a court trial and non-existence of an effective state remedy. EHRC awarded her 25,000 euro as a non-pecuniary damage compensation and additional 4,300 euro for expenses incurred before both the Constitutional Court of Slovakia and EHRC.

Ms. Kontrova filed two complaints with the Constitutional Court claiming violation of her children´s right to life, her right to protection of her private and family life against unjustified interference and her right to court and other protection. The Constitutional Court dismissed both complaints – in 2003, it dismissed her complaint as premature since the criminal proceedings had still been under way, and in 2004, due to the fact that not all existing remedies at national courts level had been exhausted.

EHRC, in its judgment of May 2007, did not accept the Slovak government objection, in which it claimed that not all national remedial instruments had been exhausted, particularly claiming compensation by way of action for protection of personal integrity. EHRC found that the national judicial remedy, which the Slovak government states in its preliminary objection, had come to force later than the events, which constitute the substance of the complaint concerned, occurred. Therefore Ms. Kontrova could not have considered it an effective remedy, the Court concluded.

Ms. Kontrova case is related to the well-known “Tusice Tragedy.” In December 2002, Ms. Kontrova´s husband shot their two children and then himself using a gun, which was illegally in his possession. Prior to the shooting, Ms. Kontrova moved back to her parents’ house as a result of severe violence she had suffered at the hands of her husband. In the criminal proceedings, which followed, the national courts sentenced three police officers for failure to take action and negligent dereliction of duty as they failed to prevent Ms. Kontrova´s husband from carrying out his threats.

Complete text of the judgment is available in English here.

Compiled from: Európsky súd pre ľudské práva rozhodol v neprospech Slovenskej republiky, TASR, 10 May 2007.