Professional paper
https://doi.org/10.54070/hljk.32.2.8
PROTECTION OF PERSONS WITH MENTAL DISORDERS DURING DEPRIVATION OF LIBERTY: HARMONISATION OF CROATIAN LEGISLATION AND PRACTICE WITH THE STANDARDS OF ARTICLES 2 AND 3 OF THE CONVENTION
Lidija Horvat
orcid.org/0009-0003-3192-031X
*
* Corresponding author.
Abstract
This paper examines the harmonisation of Croatian legislation and practice with the standards
of Articles 2 and 3 of the Convention concerning the treatment of persons with mental
disorders by officials during their deprivation of liberty. After a brief overview of the case law
of the ECtHR in relation to persons with mental disorders, the reasons for choosing the topic
are explained. The second section analyses the standards of treatment of vulnerable persons
– first, persons deprived of their liberty, and then persons with mental disorders who, when
also deprived of their liberty, fall under the category of persons of so-called “double vulnerability”.
The paper analyses two judgments of the ECtHR: V.D. v. Croatia (2011) and T.V. v.
Croatia (2024), which found a violation of Article 3 and then Article 2 in relation to the same
victim – a person with severe mental disorders during arrest. It also analyses the reasons why
the initial police action resulted in serious injuries and the second in the death of a “doubly
vulnerable” victim, which indicates that the first judgment of the Court in 2011 was not adequately
implemented. Accordingly, the Government’s Action Plans and the Resolution of the
Committee of Ministers on their acceptance were also analysed and critically assessed. The
paper concludes that Croatian legislation and practice are insufficiently harmonised with the
standards of the ECtHR in relation to persons with mental disorders and proposes several de
lege ferenda reforms.
Keywords
Hrčak ID:
342381
URI
Publication date:
1.12.2025.
Visits: 409 *