46
ĐORĐEVIĆ v. CROATIA JUDGMENT
represents an effective domestic remedy and that proper use of that remedy
could have led to an acknowledgment of the violation alleged and an award
of damages. In the event that the applicants’ claim was not successful before
the ordinary courts, they would have been able to lodge a constitutional
complaint and have their complaints examined by the Constitutional Court
as well. However, the applicants failed to make use of the remedies
available to them.
163. It follows that this complaint must be rejected under Article 35 §§ 1
and 4 of the Convention for non-exhaustion of domestic remedies.
III. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
164. The applicants alleged that they had no effective remedy in respect
of their complaints under the Convention. They relied on Article 13 of the
Convention, which provides:
“Everyone whose rights and freedoms as set forth in [the] Convention are violated
shall have an effective remedy before a national authority notwithstanding that the
violation has been committed by persons acting in an official capacity.”
A. Admissibility
1. As regards the applicants’ complaints under Articles 3 and 8 of the
Convention
165. The Court notes that this complaint is linked to the one examined
above under Articles 3 and 8 of the Convention and must therefore likewise
be declared admissible.
2. As regards the applicants’ complaint under Article 14 of the
Convention
166. The Court has already established that in respect of their complaint
under Article 14 of the Convention, the applicants had at their disposal an
effective remedy – an action pursuant to the provisions of the Prevention of
Discrimination Act – which they failed to use. It follows that this part of the
application is manifestly ill-founded and must be rejected in accordance
with Article 35 §§ 3 (a) and 4 of the Convention.
B. Merits
167. The applicants argued that they had no effective remedy by which
to obtain protection against acts of harassment and violence. The Court
notes that the Government suggested a number of remedies allegedly at
their disposal in that connection. However, the Court has established that