ĐORĐEVIĆ v. CROATIA JUDGMENT
31
2. The Court’s assessment
(a) The applicability of Articles 2, 3 and 8 of the Convention to the
circumstances of the present case
(i) In respect of the first applicant
90. The Court takes note of repeated incidents of violent behaviour
towards the first applicant. The facts in issue concern frequent episodes of
harassment in the period between 31 July 2008 and February 2011,
amounting to about two and half years. The incidents concerned both verbal
and physical harassment, including violent acts such as burning the first
applicant’s hands with cigarettes, pushing him against an iron fence and
hitting him with a ball. In view of the fact that all the incidents in the
present case concerned a series of acts by a group of children and occurred
over a prolonged period of time, the Court will examine them as a
continuing situation.
91. The Court notes further that the incidents of harassment of the first
applicant by children living in his neighbourhood and children attending a
nearby primary school are well documented by, inter alia, police reports
and medical reports. The latter show the adverse impact that these incidents
have had on his physical and mental health. The reports concerning the first
applicant indicate that he is suffering from serious mental disorders, but is a
peaceful and benign individual who cannot and does not know how to
defend himself from his abusers. Owing to the continued harassment against
him, he has had to undergo psychotherapy, has often been scared and is
under stress. His removal from the situation of harassment was
recommended.
92. The first applicant made credible assertions that over a prolonged
period of time he had been exposed to threats to his physical and mental
integrity and had actually been harassed or attacked on a number of
occasions.
93. In view of these facts, the Court considers that the State authorities
had a positive obligation to protect the first applicant from the violent
behaviour of the children involved. This obligation in the circumstances of
the present case arises both under Articles 3 and 8 of the Convention. In the
circumstances of the case the Court considers, however, that it suffices to
analyse the first applicant’s complaints from the standpoint of Article 3 of
the Convention only.
94. The Court reiterates that ill-treatment must attain a minimum level of
severity if it is to fall within the scope of Article 3. The assessment of this
minimum is relative: it depends on all the circumstances of the case, such as
the nature and context of the treatment, its duration, its physical and mental
effects and, in some instances, the sex, age and state of health of the victim