TITLE

MJERILA EUROPSKOG SUDA ZA LJUDSKA PRAVA ZA UÄŒINKOVITU ISTRAGU ZLOSTAVLJANJA MOTIVIRANOG RASNOM DISKRIMINACIJOM

AUTHOR(S)
Kos, Vesna Batistić
PUB. DATE
January 2008
SOURCE
Croatian Annual of Criminal Law & Practice / Hrvatski ljetopis z;2008, Vol. 15 Issue 1, p55
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
On 31 May 2007, the European Court of Human Rights ruled in the case of Sedid v. the Republic of Croatia, establishing a breach of the prohibition of torture, or inhuman or degrading treatment or punishment referred to in Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter European Convention, or Convention) and, for the first time in a case against the Republic of Croatia, a breach of the prohibition of discrimination referred to in Article 14 of the European Convention. The above breaches occurred since the Croatian authorities failed to undertake a sufficiently thorough and speedy investigation of the attack on the applicant, and failed to investigate the potential racial motives for such an attack. The judgement became final on 31 August 2007. In this case, the European Court systematised adjudication in relation to the positive obligations of states in the context of a breach of Article 3 of the European Convention when the breach is racially motivated. In addition, the Court for the first time established that the duties of the state are also equal when the racially motivated act was committed by a private person, and not by an agent of the state. In this way, it defined an additional segment of procedural positive obligations of states pursuant to Article 14 of the European Convention in relation to Article 3. After a detailed analysis of the components of the term "positive obligations" of the state in the context of Article 3 (which includes the duty of the state to carefully investigate all reports of ill-treatment and to prescribe minimum standards of procedural efficiency for investigative bodies), the author first points out some weak points and insufficiencies in the organisation and the functioning of criminal investigation in Croatia, also including the limited competences of the Constitutional Court which may contest only the individual decision of a judicial or administrative body, but not also the actual act through which the infringement was committed. The author then goes on to critically explain the statements of the European Court on the legal situation in Croatia, which is considered in breach of the prohibition of discrimination referred to in Article 14 of the European Convention.
ACCESSION #
39356603

 

Related Articles

  • The Condemnation of the Italian State for Viola-tion of the Prohibition of Torture. Picchi, Marta // GSTF Journal of Law & Social Sciences;Nov2015, Vol. 4 Issue 2, p1 

    This paper analyzes the European Court of Human Rights' ruling in the Cestaro v. Italy case, focusing specifically on the conviction for violation of Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by Italian criminal law, whose framework does not...

  • Reconceptualizing Implementation: The Judicialization of the Execution of the European Court of Human Rights' Judgments. Keller, Helen; Marti, Cedric // European Journal of International Law;Nov2015, Vol. 26 Issue 4, p829 

    This article proposes a shift of perspective concerning the implementation of European Court of Human Rights (ECtHR) judgments. Acknowledging that implementation of the Court's judgments is primarily of a political and domestic nature, the authors argue that the process has become increasingly...

  • EXTRADITION AND LIFE IMPRISONMENT. Milanović, Marko // Cambridge Law Journal;Jul2009, Vol. 68 Issue 2, p248 

    The article discusses the judgment of the European Court of Human Rights on the case Soering v. United Kingdom. The conflict surrounds the applicability of Article 3 of the European Convention on Human Rights (ECHR) wherein extradition of persons who are subjected to torture or inhuman and...

  • YY v TURKEY: INFERTILITY AS A PRE-CONDITION FOR GENDER CONFIRMATION SURGERY. DUNNE, PETER // Medical Law Review;Autumn2015, Vol. 23 Issue 4, p646 

    In YY v Turkey, the Second Chamber of the European Court of Human Rights (ECtHR) held that Turkey's refusal, over a period of many years, to authorise gender confirmation surgery because the applicant remained capable of procreating was a violation of the right to private life under Art. 8 of...

  • The European Court of Human Rights' Jurisprudence on Austria 2018. Müller, Andreas Th.; Weiskopf, Theresa M. // Zeitschrift für öffentliches Recht / Journal of Public Law;dec2019, Vol. 74 Issue 4, p993 

    The year 2018 brought a limited number of only five judgments in relation to individual applications directed against Austria. Three of these judgments related to the "usual suspect" in terms of affected Convention rights, ie Article 6 of the Convention, and Austria was found to have violated...

  • A CRITICAL ASSESSMENT OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS IN RELATION TO ARTICLE 3 AND THE EXPULSION AND EXTRADITION OF ALIENS. Ur Rehman, Hidayat; Khan, Muhammad Aqeel // Journal of European Studies (02589680);6/30/2015, Vol. 31 Issue 1, p62 

    The article provides an assessment of the case law pertaining to Article 3 of European Convention on Human Rights (ECHR) as interpreted by the European Court of Human Rights (ECtHR). The ECtHR indicates that such article covers prohibition of refoulement on grounds extending from physical...

  • THE TORTURE EXCEPTION TO IMMUNITY FROM CIVIL SUIT. Ranganathan, Surabhi // Cambridge Law Journal;Mar2015, Vol. 74 Issue 1, p16 

    THE European Court of Human Rights' (ECtHR) judgment in Jones and others v U.K. (2014) 59 E.H.R.R. 1 is the latest word on a long-running debate about whether public international law excludes foreign State immunities before domestic courts in civil proceedings relating to the violation of jus...

  • EUROPEAN COURT OF HUMAN RIGHTS' DANCE WITH DEATH. Cogbill, Alexander // Connecticut Journal of International Law;Fall2013, Vol. 29 Issue 1, p151 

    The article offers information on the legal status of the death penalty jurisprudence in the Council of Europe and its progressive approach towards promotion of abolition of the capital punishment in retentionist countries. It discusses the goals of the Convention for the Protection of Human...

  • AMICUS CURIAE BRIEFS IN JANOWIEC AND OTHERS V. RUSSIA. Kamiński, Ireneusz C. // Polish Yearbook of International Law;2012, p325 

    The article discusses the judgment of the case Janowiec and Others v. Russia, by the European Court of Human Rights on April 16, 2013. It states that the case involved the massacre in Katyń, Russia in 1940 by the Soviet Union. It says that the chamber judgment brings out concerns on the...

Share

Read the Article

Courtesy of THE LIBRARY OF VIRGINIA

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics