42
ĐORĐEVIĆ v. CROATIA JUDGMENT
of in itself amounts to a criminal offence, but that nevertheless in their
entirety the incidents of harassment are incompatible with the requirements
of Article 3 of the Convention. Therefore, the present case is to be
distinguished from cases concerning the State’s procedural obligations
under criminal law in respect of acts of ill-treatment contrary to Article 3 of
the Convention, where the State authorities are under a duty to conduct of
their own motion a thorough, effective and independent investigation.
143. The present case concerns the issue of the State’s positive
obligations in a different type of situation, outside the sphere of criminal
law, where the competent State authorities are aware of a situation of
serious harassment and even violence directed against a person with
physical and mental disabilities. It concerns the alleged lack of an adequate
response to such a situation in order to properly address acts of violence and
harassment that had already occurred and to prevent any such further acts.
144. In line with the above, the Court has examined, firstly, whether the
relevant authorities were or should have been aware of the situation of
harassment of and violence against the first applicant.
145. In this connection the Court notes that the documents in the case
file show that as early as 31 July 2008 the second applicant informed the
police of the ongoing harassment of her son by children from the
neighbourhood. She also informed the police of numerous further incidents,
including the burning of the first applicant’s hands with cigarettes on
4 April 2009. In April 2009 she informed the Ombudswoman for Persons
with Disabilities of the same incident. Between May and July 2009 the
police informed the State Attorney’s Office as well as the competent social
welfare centre of the alleged abuse against the first applicant and by
September 2009 the school authorities had also been duly informed.
146. In view of the above, the Court is satisfied that the domestic
authorities were aware of the ongoing harassment of the first applicant by
children from his neighbourhood and children attending a nearby school.
The Court will therefore examine whether the relevant authorities took all
reasonable steps in the circumstances of the present case to protect the first
applicant from such acts.
147. In the present situation, where incidents of violence have persisted
over a certain period of time, the Court finds that the relevant authorities
failed to take sufficient steps to ascertain the extent of the problem and to
prevent further abuse taking place.
148. It is true that the police interviewed some of the children allegedly
involved in certain incidents and that the school authorities discussed the
problem with the pupils and their parents. However, the Court finds that no
serious attempt was made to assess the true nature of the situation
complained of, and to address the lack of a systematic approach which
resulted in the absence of adequate and comprehensive measures. Thus, the
findings of the police were not followed by any further concrete action: no