The European Court of Human Rights (ECHR) has delivered a groundbreaking ruling in favor of a British woman, identified as Ms. X, who lodged a legal challenge against Greek police and prosecutors for their alleged failure to adequately investigate her rape claims.
The incident occurred while she was vacationing in the seaside town of Parga, Greece, with her mother in September 2019.
Challenges in the Investigation Process:
Ms. X reported the sexual assault to the Greek police but encountered significant challenges during the investigation.
The ECHR revealed that prosecutors neglected crucial evidence related to the crime, leading to a flawed legal process.
Despite her traumatic experience, Ms. X was compelled to face her alleged attacker twice, including a distressing encounter during a hospital examination conducted by a male doctor.
Negligence by Authorities:
The ECHR ruling exposed the negligence of Greek authorities in ensuring the victim’s safety and well-being.
It was disclosed that the police made no effort to keep the accused individual away from Ms. X, creating an environment that exacerbated her distress.
Furthermore, the victim was subjected to sign documents in Greek without being provided an official translation.
Questionable Consent and Legal Oversight:
In a controversial turn of events, Ms. X was deemed to have consented to “the act of intercourse” by the prosecutor in September 2020, despite a substantial body of evidence being inaccessible to her.
The bartender, accused of the crime, was later acquitted due to purportedly insufficient evidence, raising concerns about the adequacy of the legal process.
Victim’s Struggle for Information:
The ECHR emphasized Ms. X’s lack of information and support throughout the investigation, highlighting her attempts to obtain details through official channels, including the British embassy in Athens.
The victim’s efforts to secure police and hospital records were thwarted by bureaucratic hurdles, further intensifying her ordeal.
Systemic Issues in Greek Justice System:
The court underscored systemic problems within the Greek justice system, particularly regarding low conviction rates in cases of gender-based crimes.
It raised concerns about the effectiveness of investigation procedures and the seemingly high threshold required for convictions.
Despite Greek laws providing significant rights for victims, the court observed a stark discrepancy between legal provisions and their practical implementation.
Traumatic Experience for Victims:
The ECHR criticized Greek authorities for not adequately informing Ms. X of her rights as a victim, including the right to legal assistance, information, and the ability to object to interpretation.
The court denounced the failure to mitigate the victim’s distressing experiences during interactions with the police, medical examinations, and face-to-face encounters with the accused.
Conclusion:
The landmark ruling serves as a pivotal moment, shedding light on the challenges victims face within the Greek justice system and the imperative need for reforms to ensure a more compassionate and effective response to gender-based crimes.
Ms. X’s case highlights the broader issue of systemic shortcomings, urging a reevaluation of legal practices and victim support mechanisms in Greece.