FIRST SECTION

Application no. 38435/13 B.V. and Others against Croatia lodged on 14 May 2013

STATEMENT OF FACTS

A list of the applicants is set out in the appendix.

The circumstances of the case

The facts of the case, as submitted by the applicants, may be summarised as follows.

The first applicant is the mother of the second and third applicant s. The third applicant is the mother of the fourth applicant, who is an eleven year - old girl. They all live in the same flat located on the first floor of a residential building.

Since 2003 the applicants have had various problems with their neighbours, Mr and Mrs M.P. and B.P., who live in a ground - floor flat in the same residential building.

On 15 June 2003 the second applicant was allegedly attacked by her neighbours. She sustained injuries to her right leg and had to be medically treated.

On 6 July 2003 the first applicant was treated for injuries to her face and left leg after allegedly being physically attacked by her neighbours.

On 7 July 2003 the second applicant was allegedly attacked by the neighbours. She sustained bruises on her head, for which she was medically treated.

On 1 June 2006 M.P. the Zaprešić Municipal Court ( Općinski sud u Zaprešiću ) charged M.P. with making serious threats against the third applicant and her father, and sentenced him to one month ’ s imprisonment, suspended for one year.

In January 2007 the fourth applicant was allegedly attacked by her neighbours. On 25 May 2007 an expert psychiatric report found that she was under constant stress from the attacks and that the harassment by the neighbours was affecting her emotionally .

On 24 January 2007 proceedings were instituted against B.P. in the Zapre š i ć Minor Offences Court ( Prekr š ajni sud u Zapre š i ć u ) on charges of verbally abusing and physically attacking the third applicant. The incident at issue had resulted in the third applicant sustaining injuries to her arm and receiving medical treatment. On 2 January 2008 B.P. was found guilty at first-instance. However, on 16 April 2009 the Higher Minor Offences Court ( Visoki prekr š ajni sud Republike Hrvatske ) discontinued the proceedings on appeal on the grounds that the prosecution had become time-barred.

On 19 August 2007 the police indicted B.P and the first and third applicants in the Zaprešić Minor Offences Court on charges of breaching the public order and peace. On 13 December 2007 the indictment was rejected because the police had failed to submit it properly.

On 25 March 2010 B.P. and the first applicant were indicted in the Zaprešić Minor Offences Court on charges of breaching the public order and peace, but on 20 September 2010 they were acquitted.

On 29 October 2010 the first and the third applicants were indicted in the Zaprešić Municipal Court on charges of making serious threats against B.P. On 24 August 2011 the Zaprešić Municipal State Attorney ’ s Office dropped all charges against them.

On 14 March 2011 B.P. was indicted in the Zaprešić Minor Offences Court on charges of violent behaviour and of physically attacking the second applicant. The latter had sustained injuries to her legs and had been medically treated. On 14 March 2011 the second applicant brought a private criminal prosecution against B.P. in the Zaprešić Municipal Court. The minor offences proceedings were therefore stayed pending the outcome of the criminal proceedings. On 5 July 2013 B.P. was found guilty and sentenced to two months ’ imprisonment, suspended for two years.

On 28 March 2011 B.P. allegedly damaged the front door of the applicants ’ flat with a knife. On 29 April 2011 she was indicted in the Zaprešić Municipal Court . It appears that those proceedings are still pending.

On 15 June 2011 M.P. attacked the first, second and third applicants with a stick , causing the second applicant to sustain multiple injuries to her head, arms, breasts and left shoulder. On 13 July 2011 the Zapre š i ć Municipal State Attorney ’ s Office ( Op ć insko državni odvjetni š tvo u Zapre š i ć u ) indicted M.P. in the Zaprešić Municipal Court on charges of attempted grievous bodily harm. During the proceedings the trial court issued a restraining order against M.P. , prohibiting him from making contact with the applican ts. However, according to them he did not comply with that order. Those proceedings are still pending.

On 13 January 2012 the Zagreb Municipal Criminal Court ( Op ć inski kazneni sud u Zagrebu ) sentenced M.P. to two months ’ imprisonment, suspended for one year, on charges of making serious threats against the third applicant. The threats were made in connection with the third applicant ’ s ethnic origin but that element was not qualified in the charges or the sentence.

COMPLAINTS

The applicants complain, under Articles 3, 8 and 13 of the Convention, that the State authorities failed to afford them adequate protection from constant harassment by their neighbours.

They also complain, under Article 14 of the Convention, that the domestic authorities failed to address properly the hate crime element in the attacks by their neighbours.

QUESTIONS TO THE PARTIES

1. Have the State authorities complied with their procedural o bligations under Articles 3 and 8 of the Convention?

2. Did the applicants have at their disposal an effective domestic remedy for their complaints under Article 3 and 8 of the Convention , as required by Article 13 of the Convention?

3 . Have the applicant s suffered discrimination on the grounds of their ethnic origin , contrary t o Article 14 of the Convention rea d in conjunction with Articles 3 and 8 of the Convention ?

The Government are requested to submit two copies of the relevant doc uments concerning the applicant s ’ case.

APPENDIX

The applicants are represented before the Court by Ms I. Boji ć , a lawyer practising in Zagreb.