Published on 16 March 2026
FIRST SECTION
Application no. 5874/24
Duško RAPAIĆ
against Croatia
lodged on 15 February 2024
communicated on 24 February 2026
SUBJECT MATTER OF THE CASE
The application concerns the adequacy of medical treatment afforded to the applicant for hepatitis C in Požega Prison.
The applicant initiated civil proceedings claiming 100,800 Croatian kunas (approximately 13,380 euros) for inhuman or degrading treatment he had suffered while he was serving a prison sentence in Požega Prison between 29 October 2010 and 1 August 2013. He claimed inter alia that the authorities, although they had provided certain medical attention, had failed to provide him with adequate treatment for hepatitis C.
The domestic courts dismissed the applicant’s claim, holding that the conditions of detention and the applicant’s medical care in Požega Prison had met the requisite standards, and that no violation of his rights had occurred.
The applicant complains under Article 3 of the Convention about the lack of medical treatment for hepatitis C, which resulted in feelings of fear, uncertainty, hopelessness and anxiety.
QUESTION TO THE PARTIES
Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention? In particular, was the applicant afforded the requisite medical care and assistance for hepatitis C (see Testa v. Croatia, no. 20877/04, §§ 51-52 and 63, 12 July 2007; Rooman v. Belgium [GC], no. 18052/11, §§ 146-48, 31 January 2019; Hummatov v. Azerbaijan, nos. 9852/03 and 13413/04, §§ 104-06 and 116, 29 November 2007)?