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ĐORĐEVIĆ v. CROATIA JUDGMENT
the school authorities had taken some other measures, such as calling on
parents and children to make sure that violent behaviour against the
applicants ceased and organising meetings to tell pupils about the
requirements of people with special needs. They had also facilitated
interviews with the pupils concerned. However, these measures had not
been capable of preventing further violence against the applicants.
123. Likewise, none of the other authorities had done much in order to
prevent the violence against and harassment of the applicants.
(b) The Government’s submissions
124. The Government argued that, save for the incidents reported to the
police and documented by the police reports, the applicants had not proved
that any further incidents had occurred. The Government submitted that the
relevant authorities had taken all appropriate measures to protect the
applicants from harassment. Each time the second applicant had called the
police, the police had arrived in due time and interviewed the children
concerned and warned them about their inappropriate behaviour. Each time
a report had been drawn up by the police and sent to the State Attorney’s
Office.
125. The school the children in question attended had also always
reacted promptly to the applicants’ allegations of harassment. The school
employees had often held discussions with the pupils and their parents about
people with special needs. The parents had been told to discuss that issue
with their children and the school headmaster had sent a letter to the parents
to that effect.
126. As regards the incident of 4 April 2009, the Government submitted
that the national authorities had taken all relevant steps in order to identify
the perpetrator. Finally, it had been revealed that I.M. had burnt the first
applicant’s hands with a cigarette. Since I.M., as a child below 14 years of
age, could not be held criminally responsible, the applicants had been
instructed to institute civil proceedings for damages. The competent State
Attorney’s Office had informed both the Ombudswoman for Children and
the competent social welfare centre of its findings.
127. As regards the events of 10 April and 13 May 2010, as well as the
allegations of constant harassment of the first applicant, the police had
interviewed the children P.B., Z.B. and I.S. The inquiry was ongoing and
since all of them were already over 14 when the alleged acts had taken
place, they could be held criminally responsible.
128. The Government argued that the above showed that the national
authorities had acted promptly and diligently as regards each complaint
submitted by the applicants and taken all steps and measures aimed at
preventing further harassment. Since June 2010 there had been no further
complaints.