In February, the European Court of Human
Rights found in Škorjanec v. Croatia that the
authorities had failed to guarantee the
applicant’s right to be free from torture and
other inhuman or degrading treatment by
failing to adequately investigate and
prosecute the racist motives of the assailants
who violently attacked and beat the applicant
and her partner, who is Roma, in 2013.
REFUGEES AND ASYLUM-SEEKERS
Croatia continued to return to Serbia refugees
and migrants who entered the country
irregularly, without granting them access to
an effective asylum process. These pushbacks by police, sometimes from deep inside
Croatian territory, routinely involved coercion,
intimidation, confiscation or destruction of
private valuables and the disproportionate
use of force by the police.
In July, the Court of Justice of the European
Union ruled that Croatia had acted against
the rules of the Dublin Regulation (which
defines which EU member state has the
obligation to evaluate the asylum claims) by
allowing transit for refugees and migrants
through the country in 2015 without
examining applications for international
protection.
The NGOs Are You Syrious and Centre for
Peace Studies documented that between
January and April, at least 30 asylum
applications – including those from families
with children – had been dismissed on the
grounds of “security concerns” during a
routine security check carried out by the
Security and Intelligence Agency as part of
the asylum process. The notes of these
applications were marked as “classified” and
could not be seen and thus could not be
rebutted or challenged on appeal by those
seeking asylum or their legal representatives.
Cases with classified notes led to an
automatic rejection by the Ministry of Interior.
Subsequently, the failed asylum-seekers were
at risk of expulsion from the country and at
heightened risk of refoulement – a measure
forcing an individual to return to a country
where they would risk serious human rights
violations.
Amnesty International Report 2017/18
Unaccompanied minors represented a
quarter of all asylum-seekers in the country.
By the end of the year, fewer than 200
asylum-seekers had been granted
international protection.
Croatia committed to accept 1,600 refugees
and asylum-seekers under the EU
resettlement and relocation schemes by the
end of the year; by mid-November, fewer
than 100 people had been relocated, and
none had been resettled.
In June, amendments introduced to the Law
on Foreigners forbade the provision of
assistance in accessing basic needs, such as
housing, health, sanitation or food, to foreign
nationals irregularly residing in Croatia,
except in cases of medical and humanitarian
emergencies or life-threatening situations.
VIOLENCE AGAINST WOMEN AND GIRLS
The criminal justice system continued to fail
many victims of domestic abuse by routinely
treating abuse as a minor offence.
In June, the European Court of Human
Rights found in Ž.B. v. Croatia that the
authorities violated the right to respect for
private and family life of a victim of multiple
instances of domestic violence. The
authorities had failed to criminally prosecute
the alleged perpetrator and establish the
facts, suggesting that the victim should have
acted by herself as a subsidiary prosecutor
and pursued private prosecution.
Croatia had yet to ratify the Council of
Europe Convention on preventing and
combating violence against women and
domestic violence.
RIGHT TO HEALTH
In April, the UN Special Rapporteur on the
right of everyone to the enjoyment of the
highest attainable standard of physical and
mental health noted with concern the
renewed and pending revision of the 1978
Act on Health Care Measures for Exercising
the Right to a Free Decision on Giving Birth,
which could potentially restrict access to
abortion. Individual doctors, and in some
cases health care institutions, continued to
refuse abortions on grounds of conscience,
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