The Republic of Croatia did not do everything to protect a woman victim of domestic violence, the final ruling of the European Court of Human Rights has said.
Namely, Ms. Željka Borić from Sisak was one of the first victims of domestic violence to come forward and, 10 years ago, pointed out the numerous inadequate actions of institutions towards victims of violence in the Republic of Croatia. Although the first-instance court twice convicted Ms. Borić's then-husband without a final decision, both first-instance verdicts were quashed and the proceedings were twice remanded for retrial. After the entry into force of the Criminal Code of 2011 (hereinafter: KZ/11), the proceedings were suspended because the aforementioned Act no longer defined the criminal act of domestic violence as a criminal offence, and it stipulated that the law that is more lenient for the perpetrator should be applied.
The State Attorney's Office, as the authorized prosecutor in the proceedings, did not challenge the court's decision, but Ms. Borić filed an appeal. In 2013, the competent county court declared the appeal inadmissible for procedural reasons.
Having exhausted all legal remedies in Croatia, Ms. Borić, with the support of the BaBe association, through their legal advisor - attorney Ines Bojić, initiated proceedings before the European Court of Justice, claiming that domestic authorities had failed to adequately prosecute the person who committed domestic violence.
On July 11th of this year, the European Court of Human Rights ruled verdict which found that the Republic of Croatia had violated the right of Ms. Željka Borić from Article 8 of the European Convention, namely the right to respect for private and family life, and the judgment became final on October 11th.
The European Court of Human Rights found in its judgment that, although the 2011 Criminal Code did not establish the crime of domestic violence as a separate criminal offence, violence against family members remained a serious form of some other criminal offences. The European Court therefore concluded that, contrary to the belief of the domestic courts, the 2011 Criminal Code ensured the continuity of the crime of domestic violence from the previously applicable Criminal Code, and that it provided an appropriate legislative framework for the continued prosecution and punishment of domestic violence.
The European Court further noted that the competent state attorney's office did not consider requalifying the indictment to possibly charge Ms. Borić's husband with threats and causing bodily harm to a family member under Articles 117 and 139 of the Criminal Code/11, and that the competent court suspended the proceedings, which meant that the circumstances of the alleged domestic violence against the applicant were never established.
The European Court's judgment awarded the applicant 7,500 euros for non-pecuniary damage.
This is another indicator of how Croatian courts fail to protect the most vulnerable, and another reason to ratify the Istanbul Convention, which specifically protects women victims of violence.
