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

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