Branko Tomasic and Others v. Croatia

The Tomasic decision affirmed the holding in Kontrova that a failure to protect women from domestic violence can result in the violation of the right to life (Article 2). The Court found such a violation in this case on the basis that death threats were not followed up on, despite being made to officials during psychiatric treatment in prison. The applicants, relatives of the mother and child victims M.T. and V.T., claimed that the State failed to exercise due diligence to protect the victims after M.T.s husband was released from prison. The husband was serving a jail sentence, along with compulsory psychiatric treatment, for threatening to kill his wife and their baby with a bomb. Shortly after his release, the husband shot and killed his wife and baby. The Court held that State officials, in this case, should have required the husband to undergo a psychiatric assessment before his release, required the husband to undergo the psychiatric treatment that he was sentenced to while in prison, and should have searched his vehicle and home after the death threats were reported. A failure to undertake all these actions amounted to a violation of the States positive obligations to uphold the right to life.