Bljakaj and Others v. Croatia - 74448/12 - Legal Summary [2014] ECHR 1144 (18 September 2014)

Bljakaj and Others v. Croatia - 74448/12 - Legal Summary [2014] ECHR 1144 (18 September 2014)

The police failed to take reasonable measures to protect the life of the deceased lawyer despite being aware of a real and immediate risk, constituting a violation of the State's positive obligations under Article 2 of the Convention.

Source-derived case information.

Citation
[2014] ECHR 1144
Parties
Applicants: Bljakaj and Others; Respondent: Croatia
Jurisdiction
European Union
Judgment Date
18 September 2014
Procedural Posture
Application to the European Court of Human Rights / Judgment
Outcome
violation of Article 2 (right to life) found unanimously against Croatia
Legal Topics
Right to Life, Positive Obligations, State Responsibility, Police Failure, Protection From Violence
Human Rights Law Criminal Law Police Law Right to Life Positive Obligations State Responsibility Police Failure Protection From Violence

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Summary, issues, holding and outcome

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Parties

Bljakaj and Others

Applicants

Croatia

Respondent

Procedural Posture

Application to the European Court of Human Rights / Judgment

  1. 1 Whether the State failed its positive obligation under Article 2 of the Convention to protect the life of the deceased lawyer from a real and immediate risk posed by a mentally disturbed individual

Ratio Decidendi

The police failed to take reasonable measures to protect the life of the deceased lawyer despite being aware of a real and immediate risk, constituting a violation of the State's positive obligations under Article 2 of the Convention.

Court Disposition

violation of Article 2 (right to life) found unanimously against Croatia

Orders

  • Croatia to pay EUR 20,000 jointly to the applicants in respect of non-pecuniary damage