ĐORĐEVIĆ v. CROATIA JUDGMENT
41
administered by private individuals (see, mutatis mutandis, H.L.R.
v. France, 29 April 1997, § 40, Reports 1997-III). These measures should
provide effective protection, in particular, of children and other vulnerable
persons, and include reasonable steps to prevent ill-treatment of which the
authorities had or ought to have had knowledge (see, mutatis mutandis,
Osman v. the United Kingdom, 28 October 1998, § 116, Reports 1998-VIII,
and E. and Others v. the United Kingdom, no. 33218/96, § 88, 26 November
2002).
139. Bearing in mind the difficulties in policing modern societies, the
unpredictability of human conduct and the operational choices which must
be made in terms of priorities and resources, the scope of this positive
obligation must, however, be interpreted in a way which does not impose an
impossible or disproportionate burden on the authorities. Not every claimed
risk of ill-treatment, therefore, can entail for the authorities a Convention
requirement to take operational measures to prevent that risk from
materialising. For a positive obligation to arise, it must be established that
the authorities knew or ought to have known at the time of the existence of a
real and immediate risk of ill-treatment of an identified individual from the
criminal acts of a third party and that they failed to take measures within the
scope of their powers which, judged reasonably, might have been expected
to avoid that risk. Another relevant consideration is the need to ensure that
the police exercise their powers to control and prevent crime in a manner
which fully respects the due process and other guarantees which
legitimately place restraints on the scope of their action to investigate crime
and bring offenders to justice, including the guarantees contained in
Article 8 of the Convention (see Mubilanzila Mayeka and Kaniki Mitunga
v. Belgium, no. 13178/03, § 53, ECHR 2006-XI; Members of the Gldani
Congregation of Jehovah’s Witnesses and Others v. Georgia, no. 71156/01,
§ 96, 3 May 2007; and Milanović, cited above, § 84; see also, mutatis
mutandis, Osman, cited above, § 116).
140. The Court will therefore examine whether the respondent State, in
dealing with the first applicant’s case, has been in breach of its positive
obligations under Article 3 of the Convention.
(ii) Application of these principles to the present case
141. The Court notes at the outset that acts of violence in contravention
of Article 3 of the Convention would normally require recourse to the
application of criminal-law measures against the perpetrators (see
Beganović v. Croatia, no. 46423/06, § 71, 25 June 2009, as regards
Article 3, and Sandra Janković, cited above, § 47, as regards Article 8).
142. However, in the present case most of the alleged perpetrators were
children below 14 years of age, against whom, under the national system, it
is not possible to apply any criminal-law sanctions. Furthermore, in the
specific circumstances in issue, it might be that none of the acts complained