International Case Law

Sandra Jankovic v. Croatia European Court of Human Rights (2009)

Gender-based violence in general

The applicant brought a claim in Split Municipal Court for protection against being disturbed in occupying her room. After years the applicant finally gained possession of the room and then was assaulted by several individuals. Although the applicant tried to get a criminal case brought, it was dismissed by the domestic courts. She then brought a complaint relying on Articles 3 and 8 of the Convention before this Court. The applicant argued that the national authorities failed to afford her adequate protection against violence inflicted by private individuals, which was an Article 8 violation. The Court agreed that Article 8 applied due to the circumstances under which she had been attacked and found that Article 8 had been violated due to the delay of the authorities in prosecuting the crime.

D.J. v. Croatia European Court of Human Rights (2012)

Sexual violence and rape

DJ was allegedly raped by his colleague. The Croatian authorities failed to conduct an effective investigation of the rape allegation by failing to conduct a proper inspection of the scene of the alleged crime, interview the injured party and other witnesses, and secure forensic evidence. The trial judge placed his emphasis on DJ alleged antisocial behavior thus lacked perceived impartiality. The ECtHR found Croatia in breach of the procedural aspect of Article 3 and 8 of the ECHR. It stressed that ‘the allegation that a rape victim was under the influence of alcohol or other circumstances concerning the victim’s behaviour or personality cannot dispense the authorities from the obligation to effectively investigate.’ The case adds to the Court’s jurisprudence recognizing violence against women as a form of ill-treatment prohibited by Article 3 of the ECHR and refines the contents of the state’s positive obligations to punish rape and investigate rape cases.

A. v. Croatia European Court of Human Rights (2011)

Domestic and intimate partner violence

A, a Croatian woman was subjected to repeated violent behavior by her mentally-ill ex-husband, B, often in front of their daughter, whom on occasions turned violent towards the daughter too. Seven sets of proceedings were brought against B and although some protective measures were implemented, others were not. The prison sentences were not served and some of the treatment was not undergone due to a lack of qualified providers. A was refused an injunction prohibiting B from harassing and stalking her on basis that there was no immediate risk to her life. B was eventually imprisoned for making death threats to the judge and the judge's daughter. The ECtHR found that A would have been more effectively protected from B’s violence if the authorities had had an overview of the situation as a whole, rather than in numerous sets of separate proceedings. A failure to enforce protective measures undermined the deterrent purpose of such sanctions. It was still uncertain whether the husband had undergone any psychiatric treatment. A’s Article 8 right to respect for private life was breached for a prolonged period. The Court dismissed the allegation that domestic violence legislation applied in a discriminatory fashion in Croatia.