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Image: First case on domestic violence solved positively

First case on domestic violence solved positively

The first case on domestic violence that B.a.B.e. has sent to the European Court for Human Rights has been solved positively. The Republic of Croatia is obliged to pay 40 000 Euros to the family, right, of the deceased, and 1 300 Euros of allowance for the expenses of the request and correspondence with the European court.

Friday, 30 January 2009, by B.a.B.e.

Three years ago, Mladen Mesaric (27) murdered his unwedded wife Mignon Tomasic (25) and their one year old daughter, Vanesa. Right after the double murder, Mesaric took his own life.

After no adequate investigation and action by Croatian authorities, lawyer Ines Bojic, in the cooperation with the legal team of the Woman's Group B.a.B.e. and members of Legalis program, wrote the request to the European Court of Human Rights.  That was the first case of this nature that was submitted from the state of Croatia to the European Court for Human Rights.

According to the verdict of the European Court for Human Rights, the Republic of Croatia is obliged to pay off 40 000 Euros to the family of murdered woman and 1 300 Euros of allowance for the expenses of the request and correspondence with the European court. 

The court has made unanimously decision:

  • The request of the violated party is justified, the violation of Article 2. of the European convention for the protection of human rights and fundamental freedoms that speaks about the right to life. 
  • The state of Croatia did not take adequate measures to stop the murder, and did not conduct thorough investigation in order to determine possible responsibility of persons and institutions. 

Apart from the facts referred to the case of Branko Tomasic and the rest of the parties against Republic of Croatia – no search of the apartment before the first arrest of the murderer, insufficient period of determining the responsibility of psychiatric treatment after first serious threats to his unwedded wife, omission of appeals against the responsible persons etc., the Court has expressed strong standpoint on the existence of clear lack of national system  for the protection of lives of third persons by dangerous criminals and potential murder perpetrators.  

Women’s Group B.a.B.e. hopes that the rest of the request that they submitted to The European court will be solved positively, as well. Maybe just then, the institutions in Croatia will start to listen more carefully what B.a.B.e has been advocating, which would bring systematic improvement in Croatia regarding domestic violence and other violations, as well, in the area of human rights.

B.a.B.e.
Published by HRH Sarajevo

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More info:

Full verdict - website of the European Court for Human Rights

Tomasic case - In Croatian

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