DARAIBOU v. CROATIA

• Judgment Date: 17 January 2023
• ECLI: ECLI:CE:ECHR:2023:0117JUD008452317
• Counsel: HORVAT L.
• Date: 17 January 2023
• Application Number: 84523/17
• Court: Second Section (European Court of Human Rights)
• Respondent State: Croacia
• Applied Rules: 35;35-1;2;2-1;41

SECOND SECTION

CASE OF DARAIBOU v. CROATIA

(Application no. 84523/17)

JUDGMENT

Art 2 (substantive) • Life • Positive obligations • Life-threatening fire in police station detention centre causing the applicant serious injuries and the deaths of three migrants • Failure to take sufficient and reasonable measures to protect applicant’s life

Art 2 (procedural) • Ineffective investigation • Domestic authorities’ failure to assess shortcomings leading to incident, remedy potential deficiencies and prevent similar life-endangering conduct in the future

STRASBOURG

17 January 2023

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Daraibou v. Croatia,

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

Arnfinn Bårdsen, President,
Jovan Ilievski,
Egidijus Kūris,
Saadet Yüksel,
Lorraine Schembri Orland,
Frédéric Krenc,
Davor Derenčinović, judges,
and Hasan Bakırcı, Section Registrar,

Having regard to:

the application (no. 84523/17) against the Republic of Croatia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Moroccan national, Mr Abdeljalil Daraibou (“the applicant”), on 19 December 2017;

the decision to give notice of the application to the Croatian Government (“the Government”);

the parties’ observations;

Having deliberated in private on 12 October 2021 and 13 December 2022,

Delivers the following judgment, which was adopted on the latter date:

INTRODUCTION

1. The present case concerns a fire that broke out in a detention centre, in which three detained migrants died and the applicant suffered severe injuries. The applicant complained, under both the substantive and procedural limbs of Article 2 of the Convention, about the authorities’ failure to protect his life and their failure to properly investigate the incident.

THE FACTS

2. The applicant was born in 1992 and lives in Morocco. He was represented by Ms L. Horvat, a lawyer practising in Zagreb.

3. The Government were represented by their Agent, Ms Š. Stažnik.

4. The facts of the case, as submitted by the parties, may be summarised as follows.

1. Fire at the Bajakovo police station

5. On 27 March 2015, at around 2.45 a.m., the border police found the applicant and three other persons, A.L., B.B. and H.B., in a truck with Croatian license plates. It was established that the four persons, who had given false names and nationalities, had entered Croatia clandestinely, avoiding border control. They were taken to the nearest police station in Bajakovo.

6. Upon their arrival at the police station, the applicants and the remaining three persons were searched by three police officers between 3.30 a.m. and 4 a.m. The official note drawn up following the search listed the belongings that had been taken from them and stated that no objects capable of being used for an attack, escape or self-injury had been found.

7. At 4.50 a.m. the applicant and the other three persons were arrested.

8. Having interviewed each of the four arrestees, the police issued decisions ordering their expulsion. Their readmission was announced to the Serbian police for 10 a.m. the following day, since it had been established that they had entered Croatia from the territory of Serbia. Until their return, they were accommodated a facility used for the detention of illegal migrants at the Bajakovo police station.

9. The room in which they were staying was located in the basement of the building and measured about 9 sq.m. It had no toilet or running water.

10. At 7 p.m. Officer P.T. assigned two police officers, V.K. and J.L., to supervise the arrested migrants. The police officers were ordered to remain in front of the detention room in order to take care of their needs and to prevent any...