Despite the ECHR Judgment, Criminal Complaint by Madina’s Family Dismissed Again; Family Submits New Constitutional Appeal

In its 2021 judgment, the European Court of Human Rights (ECtHR) established, among other serious violations, Croatia’s responsibility for Madina’s death—thus granting a measure of justice to her family. This was an important step in affirming the family's right to truth after suffering an irreparable loss at the Croatian borders and in addressing longstanding injustices inflicted by Croatian institutions, including prior Constitutional Court rulings.

Specifically, the ECHR examined, among other factors, the effectiveness of the investigation and found violations due to numerous failings by Croatian state authorities that prevented a full clarification of the circumstances surrounding Madina’s death and hindered appropriate proceedings. "The ECtHR called on the Republic of Croatia to address the still unresolved question of accountability for the girl’s death through continued investigation, as crimes against life must not go unpunished, leaving Croatia to confront its own responsibility. However, further investigation revealed repeated errors," stated attorney Sanja Bezbradica Jelavić.

Two and a half years after the ECtHR’s judgment, Croatian law enforcement authorities once again dismissed the family’s criminal complaint. Seven and a half years after Madina’s death, they have once again failed her and refused to effectively investigate the responsibility of those who unlawfully expelled her mother and six siblings, leading to the child’s death. In their decision to dismiss the complaint, authorities stated that the evidence did not indicate any unlawful conduct by the Croatian border police toward the family on the night of Madina’s death. This assertion directly contradicts the ECtHR’s findings, which explicitly recognised the family as victims of unlawful expulsion by the Republic of Croatia, leading to the loss of six-year-old Madina’s life.

“This turn of events in Madina’s case raises serious questions about Croatia’s commitment to upholding the European Convention it has ratified, which guarantees fundamental human rights to its citizens. The failure to conduct effective investigations undermines the rule of law,” said Sara Kekuš of the Centre for Peace Studies.