Michael Polak addresses the Council of Europe Network on violence against women in Strasbourg
On 22 November 2024, Michael Polak spoke as an appointed expert at the Council of Europe’s newly established Network of Specialised Lawyers and NGOs Assisting Victims of Violence Against Women.
Michael shared insights from the landmark case of X v Greece, where he secured a decision from the European Court of Human Rights that Greece had breached his client’s rights over their failure to properly investigate the rape of a young female holiday maker.
In this case, the European Court of Human Rights found violations of Articles 3 (prohibition of inhuman or degrading treatment), 8 (right to respect for private and family life) and Article 6, the rights to a fair hearing. The Court found both procedural and substantive failings in the case and their judgment highlighted systemic shortcomings, including the lack of a gender-based violence approach to the investigation, a poor identification procedure whereby the complainant was made to confront the defendant in person, insensitive handling of medical procedures as invasive procedures happened without the complainant being properly informed as to what would take place, as well as a failure to keep the complainant updated about the progress of the case.
The Court also found substantive failings in that the prosecutor and First Instance Judge failed to properly assess the evidence in coming to their decision to discontinue the case and the medical evidence which was actually supportive of the allegation rather than to the contrary.
X v Greece is one of a number of cases in which Michael is currently and has previously been involved in concerning the rights of those subject to sexual offences abroad. He spoke about the challenges and tactics for success in such cases.
The Council of Europe Violence Against Women Division hosted this event to connect professionals dedicated to combating gender-based violence. Key themes included the strategic use of the Istanbul Convention in litigation, evolving jurisprudence from the European Court of Human Rights on rape and domestic violence, and practical case studies showcasing effective legal strategies.
This inaugural gathering marked a significant step in strengthening legal responses to violence against women across Europe, fostering collaboration among lawyers, NGOs, and human rights advocates. Michael’s contribution underscored the vital role of strategic litigation in holding states accountable and advancing gender justice.
Michael Polak is available for instruction in for victims of crime, international law, and other matters by contacting his clerks by email, clerks@churchcourtchambers.co.uk, or by phone on +44 (0) 20 7936 3637.
