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ĐORĐEVIĆ v. CROATIA JUDGMENT
level of constant stress and suffering, in particular in view of the first
applicant’s medical condition. They argued that the ongoing pattern of
harassment and abuse met the requisite intensity standard under Articles 3
and 8 of the Convention and that Article 2 of the Convention was also
applicable given the escalation of violence against the first applicant in view
of his extreme vulnerability and also in view of the likelihood, as
demonstrated by research on disability hate crime, of low-level harassment
turning into full-scale violence if left unchecked, possibly resulting in
extreme circumstances in death or severe ill-treatment.
85. As to the exhaustion of domestic remedies, they argued that the
domestic legal system did not provide any remedies affording redress in
respect of disability hate crime; this was supported by the fact that the
Government had not submitted any relevant case-law to support their
assertions as to the availability and efficiency of the remedies they relied on.
86. As regards the possibility of bringing an action against the
authorities on account of an unlawful act under section 67 of the
Administrative Disputes Act, the applicants maintained that the
admissibility requirements for that remedy – for example, that the unlawful
act had to amount to a violation of the Constitution, that the remedy should
be the last resort, and that the unlawful activity was ongoing at the time
when the action was brought – made it ineffective in the case in issue.
87. As regards a possible civil action for damages against the parents of
the children involved, the applicants argued that the Court had already held
in cases against Croatia that effective deterrence against attacks on the
physical integrity of a person required efficient criminal-law mechanisms
that would have ensured adequate protection in that respect (they cited
Sandra Janković v. Croatia, no. 38478/05, § 36, 5 March 2009).
88. As regards minor-offences proceedings, the applicants submitted that
they applied only to minor offences against public peace and order and that
therefore such a remedy was clearly inadequate in respect of the harm done
to the applicants’ physical and psychological integrity.
89. As regards the Government’s contention that the application was
premature in respect of the events of 10 April and 13 May 2010 since the
investigation into those events was still ongoing, the applicants replied that
they had never received any official information that any investigation into
the matter had been instituted and that in any event there had been
unjustified delays in the conduct of the authorities. Furthermore, the
investigation concerned isolated incidents and not the applicants’ situation
as a whole.