17 Sep No violation of the right not to be tried twice in the case of domestic violence

The case Galović v. Croatia (application no. 45512/11, 31.08.2021) concerned the applicant’s convictions for domestic violence in several sets of minor-offence proceedings and in criminal proceedings on indictment. 

The European Court of Human Rights held, unanimously, that there had been:

• no violation of Article 6 §§ 1 and 3 (b) and (c) (right to a fair trial) of the European Convention on Human Rights as regards the time the applicant had had to prepare his defence before an appeal court session on his case;
• a violation of Article 6 §§ 1 and 3 (c) of the Convention as regards the applicant’s absence from the appeal court session; 
• and no violation of Article 4 of Protocol No. 7 (right not to be tried or punished twice) to the Convention.

The Court found in particular that the two sets of proceedings in the applicant’s case had been part
of an integrated and coherent approach to domestic violence under Croatian law. Such an integrated
system had allowed the applicant’s punishment for individual acts of violence via a less severe
response in the minor-offence proceedings, followed by a more serious criminal response for his
pattern of behaviour.

Between 2006 and 2008 the applicant was convicted of a series of minor offences for various
assaults against his children and wife. He was arrested and detained in November 2008 during the
minor-offence proceedings, and was given, among other things, prison sentences. 

The Court noted that the facts in two of the sets of minor-offence proceedings against the applicant
had in part been identical to the facts in the subsequent proceedings on indictment.
In assessing whether there had been a prohibited duplication of proceedings, the Court found that
the two types of proceedings brought against the applicant had been complementary and
foreseeable, and had been sufficiently connected in substance and in time, to be considered to form
part of an integral scheme of sanctions under Croatian law for offences of domestic violence. 

In particular, minor-offence proceedings were to address an individual incident of domestic violence
and to prevent further escalation, while proceedings on indictment for the continuous offence of
domestic violence were instituted once his unlawful behaviour had reached a certain level of
severity in order to sanction an ongoing pattern of violent behaviour. The legal system in Croatia had
allowed the punishment both of the individual acts as well as of the applicant’s pattern of behaviour
in an effective, proportionate and dissuasive manner. It followed that there had been no violation of Article 4 of Protocol No. 7 to the Convention.

The Court considered that the four days between the applicant being informed of the appeal court session and that session actually taking place had not restricted his rights to such an extent that it could be said that he did not have the benefit of a fair trial. There had accordingly been no violation of Article 6 §§ 1 and 3 (b) and (c) of the Convention as concerned legal representation in the appeal proceedings and adequate time and facilities for preparation of defence.

As concerned the applicant’s absence from the appeal court session, the Court found a violation of 

Article 6 §§ 1 and 3 (c) of the Convention, following its conclusions in other cases against Croatia raising similar issues.

References from the official website of the European Court of Human Rights