Recommendations of the Centre for Peace Studies and the Human Rights House Zagreb for the execution of the judgment of M.H. and Others against Croatia

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On 22 September, the Centre for Peace Studies and the Human Rights House Zagreb filed a submission to the Committee of Ministers of the Council of Europe in accordance with Rule 9.2. of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements in the case, a proposal of measures for the execution of the judgment M.H. and Others v. Croatia no. 15670/18 and 43115/18. 

Let us remind you that the European Court of Human Rights issued a judgment that established that Croatia violated a number of human rights of the refugee family guaranteed by the (European) Convention for the Protection of Human Rights and Fundamental Freedoms. The court established: unanimously, a violation of Article 2 (right to life) of the European Convention on Human Rights as concerned the investigation into the death of the Afghan family’s daughter; by six votes to one, a violation of Article 3 (prohibition on inhuman and degrading treatment) in respect of the applicant children; unanimously, a violation of Article 5 § 1 (right to security and liberty) in respect of all the applicants; unanimously, a violation of Article 4 of Protocol No. 4 to the Convention (prohibition of collective expulsions of aliens) in respect of the applicant mother and her five children, and; unanimously, a violation of Article 34 (right of individual petition) in respect of all the applicants.

After the organizations have offered a proposal of causes of violations and described their manifestation through the last six years of monitoring, the organizations gave constructive proposals for adequate measures to execute the judgment and prevent further violations of the human rights of refugees and other migrants in the Republic of Croatia.

Find the conclusions and recommendations proposed by the submission here.




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