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Dolores Utrilla
16th January 2020
Human Rights Justice & Litigation

ECtHR: Croatian Constitutional complaints can be ‘effective remedies’

In the case Kušić and Others v. Croatia, the applicants alleged a violation of the right to life (Article 2 ECHR) and of the prohibition of inhuman or degrading treatment (Article 3 ECHR) arguing that the investigation into the death of their family members had been ineffective and the remaining available remedy, a constitutional complaint, was not effective because the Constitutional Court usually dismissed such complaints as unfounded.

Today, the European Court of Human Rights unanimously decided to declare the application inadmissible, as recently the Croatian Constitutional Court had revised its practice and from 2019 had exercised a review of the effectiveness of investigations, taking European Convention case-law as a basis for its assessment. The Strasbourg-based Court considers that the Croatian Constitutional Court now guarantees an effective remedy for complaints about ineffective investigations under Articles 2 and 3 ECHR. Therefore, the applicants should have brought a constitutional complaint in Croatia before lodging the case before the ECtHR.

The full text of the Decision is available here.


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