ĐORĐEVIĆ v. CROATIA JUDGMENT
7
been frequently harassed by schoolchildren. The headmaster expressly
stated that the children had admitted to “a number of brutal acts” against
Dalibor, such as making derogatory remarks, using insulting language and
swearing, behaving provocatively, taking his ball and burning his hands
with cigarettes. The parents were asked to talk to their children and warn
them about the possible consequences of such behaviour.
25. The relevant part of the written record of a parent-teacher meeting
held on 30 September 2009 at A.K. primary school reads as follows:
“...
At all parent-teacher meetings in the new school year we have drawn the parents’
attention to a young man with special needs who lives in the school’s neighbourhood
and who has been harassed by pupils from our school, mostly verbally and sometimes
physically. His mother often seeks help from the school employees, and a social
welfare centre and the Ombudswoman for Persons with Disabilities have also been
involved. The parents were asked to talk to their children and raise their awareness
about the problem of accepting differences and the need for peaceful coexistence.
The parents present commented on the matter. Some of them mentioned that the
young man in question had sometimes also been aggressive, that he had approached
young girls in an inappropriate manner and that they had expressed a fear of him and
tended to avoid the area where he usually was. Some also commented that he should
not be out in public and that he should spend time in conditions appropriate for him or
in the park under the constant supervision of a guardian. The headmaster noted all the
comments and promised to contact the competent social welfare centre.
...”
26. On 1 October 2009 the applicants’ lawyer sent a written complaint to
the Zagreb Municipality State Attorney’s Office. She stated that her clients
were two Croatian nationals of Serbian origin, a mother and her son who
suffered from mental and physical retardation. She explained that her clients
lived about seventy metres away from A.K. primary school and that they
had been constantly harassed by schoolchildren, at all times of the day and
mainly when the children went home from school in groups and in the late
afternoon and evening when they gathered around a bench in front of the
applicants’ balcony without parental supervision. She alleged that the
harassment had already been going on for about four years and was
motivated by the applicants’ Serbian origin and the first applicant’s
disability. A group of children aged from 10 to 14 hung around daily in
front of the block of flats where the applicants lived, shouting insults and
obscenities and calling them names. They also wrote insulting remarks on
the pavement in front of the building.
The lawyer further described the incident of 4 April 2009. Relying on
Articles 8 and 13 of the Convention, she complained that there was no
effective remedy in the Croatian legal system affording protection from
violent acts by children.