Submission in the case of Sabalić v. Croatia
The European Court of Human Rights granted permission to the AIRE Centre, ILGA-Europe and the ICJ for a third-party intervention in the case of Pavla Sabalić v. Croatia (Application No. 50231/13).
In their joint brief lodged with the Court on 9 May 2014, the Advice on Individual Rights in Europe Centre (AIRE Centre), the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe) and the ICJ present an overview of the prevalence and nature of violent crimes motivated, in whole or in part, by prejudice against people’s real or imputed sexual orientation and/or gender identity in Council of Europe Member States, and the manner in which those States have, or have not, responded to these crimes.
Further, the submissions comprise a survey of international, EU and comparative law addressing procedural and substantive obligations, as relevant, arising from Articles 3, 8, 13 and 14 of the Convention, to secure effective protection, accountability and redress for individuals in respect of violent crimes and the additional obligations when such crimes are based, in whole or in part, on hatred of protected characteristics of individuals, including in particular victims’ real or imputed sexual orientation or gender identity.
Pursuant to their Convention obligations, Contracting Parties are required to take the necessary legislative, administrative, judicial and/or other measures to prevent the commission of violent crimes; and to ensure that if committed they are effectively investigated, prosecuted and, appropriately punished.
There are additional procedural obligations where such acts of violence are motivated in whole or in part by prejudice against an individual’s real or imputed sexual orientation or gender identity, requiring Member States, for example, to take all reasonable steps to establish whether any hatred or prejudice connected to a protected characteristic may have played a role in the violent attack.