CEDH · CASELAW;JUDGMENTS;CHAMBER;ENG — 25 mars 2021

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display:inline-block } .s38233EC5 { margin-top:14pt; margin-left:38.35pt; margin-bottom:6pt; text-indent:-17.05pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; line-height:113%; font-size:10pt } .s320E5A8E { width:5.95pt; font:7pt 'Times New Roman'; display:inline-block } .sD0489F03 { margin-top:6pt; margin-left:21.25pt; margin-bottom:6pt; text-indent:7.1pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:10pt } .s7EE1C8F0 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s127C7598 { margin-top:0pt; margin-left:17pt; margin-bottom:0pt; text-indent:-17pt; text-align:justify } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify } .sD66C1369 { margin-top:0pt; margin-left:17.3pt; margin-bottom:0pt; text-align:justify } .s60723A49 { margin-top:0pt; margin-left:39.7pt; margin-bottom:0pt; text-align:justify } .s2D9C6089 { margin-top:12pt; margin-bottom:12pt; text-indent:14.2pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid } .s69DCC830 { margin-top:36pt; margin-bottom:0pt } .s867F9C1B { width:175.28pt; display:inline-block } .s7602FED2 { width:18.21pt; display:inline-block } .sC1AC44A4 { width:228.11pt; display:inline-block } .s379BC09C { margin-top:36pt; margin-bottom:0pt; text-align:right } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt }     FIRST SECTION CASE OF SMILJANIĆ v. CROATIA (Application no. 35983/14)     JUDGMENT   Art 2 (substantive and procedural) • Positive obligations • Ineffective functioning of road traffic regulations framework in practice, through domestic authorities’ failure to take appropriate deterrent and preventive measures against repeat offender who later caused a fatal collision • Deficiencies in authorities’ response to collision, through mitigation of sentence without careful scrutiny of offender’s prior conduct, and unjustified delay in enforcing sentence   STRASBOURG 25 March 2021   FINAL   25/06/2021   This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Smiljanić v. Croatia, The European Court of Human Rights (First Section), sitting as a Chamber composed of:   Krzysztof Wojtyczek, President,   Ksenija Turković,   Linos-Alexandre Sicilianos,   Alena Poláčková,   Gilberto Felici,   Raffaele Sabato,   Lorraine Schembri Orland, judges, and Renata Degener, Section Registrar, Having regard to: the application (no.   35983/14) 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 three Croatian nationals, Mr Milenko Smiljanić, Ms Ljiljanka Smiljanić and Ms   Saša Smiljanić (“the applicants”), on 6 May 2014; the decision to give notice to the Croatian Government (“the Government”) of the complaint under Article 2 of the Convention; the parties’ observations; Having deliberated in private on 16 February 2021, Delivers the following judgment, which was adopted on that date: INTRODUCTION 1.     The case concerns the alleged failure on the part of the domestic authorities to enforce the domestic legal framework of road traffic regulations by taking adequate measures with respect to the person who had caused a road collision in which the applicants’ relative died. THE FACTS 2.     The first and second applicants were born in 1952 and the third applicant in 1981. They live in Zagreb. The applicants were represented by Ms I. Bojić, a lawyer practising in Zagreb. 3.     The Croatian Government (“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. The circumstances of the applicants’ relative’s death 5.     The applicants are respectively the parents and sister of late S.S., who was killed in road traffic. 6.     At around 2 a.m. on 7 July 2012 in Zagreb, D.M., a well-known businessman, drove through a red light in his sport utility vehicle (SUV) and hit the applicants’ relative, who was driving his motorcycle through a green light at a junction. The applicants’ relative died at the scene. 7.     At the time of the incident D.M. was under the influence of alcohol and had to be taken to a police sobering-up detention unit. 8.     An on-site inspection carried out by the police found that D.M. had a valid driving licence issued by Zagreb Police. 9.     According to the available material, before the incident D.M. had been registered thirty-five times in police records for various traffic offences, including drink-driving, speeding and not obeying road signs. These records concerned the period between March 2000 and May 2012, the last conviction being for an offence committed in November 2010. The relevant details are the following: -     he was fined between 100 and 1,000 Croatian kunas (HRK, approximately 13 to 130 Euros (EUR)) for seventeen offences; -     on one occasion he was sentenced to a community sanction and had one reprimand by a police officer; -     his driving licence was temporarily confiscated on two occasions: between 24 November 2001 and 25 February 2002, and 20 and 23 May 2006; -     proceedings were discontinued for nine offences due to prescription while one set was halted owing to the police’s improper processing of the case; -     he was either acquitted of the remaining offences or the outcome is unknown. 10.     According to the available record of D.M.’s minor offences convictions, he was convicted twice of minor offences: in March 2010 he was found guilty of not obeying road signs (an offence committed in February 2010) while in May 2011 he was found guilty of speeding (committed in November 2010). 11.     According to his criminal record, he has never been convicted of a criminal offence. 12.     At about the time when the applicant’s relative was killed, a set of minor offences proceedings was pending against D.M. for drunk-driving. 13.     In particular, on 23 October 2010 the police issued a penalty notice to D.M. for drunk-driving and an order for the confiscation of his driving licence for a period of nine months. D.M. challenged the penalty notice in the Zagreb Minor Offences Court (Prekršajni sud u Zagrebu; hereinafter: “the Minor Offences Court”). 14.     On 1 June 2011 the Minor Offences Court found D.M. guilty and fined him HRK 2,000 (approximately EUR 260). It considered that it was not necessary to confiscate D.M.’s driving licence as he had never been convicted before, which suggested that he was not a reoffender and that a fine was a sufficient and appropriate sanction. 15.     Upon an appeal by D.M., this judgment was quashed by the High Minor Offences Court ( Visoki prekršajni sud Republike Hrvatske ) and a retrial was ordered.   In the resumed proceedings, D.M. informed the Minor Offences Court that he had accepted and paid the fine imposed on him by the judgment of 1   June 2011. On 23 December 2013 the Minor Offences Court found D.M. guilty but stressed that the fine had already been paid. Investigation into the applicants’ relatives’ death 16.     On 9 July 2012 the police lodged a criminal complaint against D.M. with the Zagreb Municipal State Attorney’s Office ( Općinsko državno odvjetništvo u Zagrebu ; hereinafter: “the State Attorney’s Office”) under Article 272 §§ 1 and 3 of the Criminal Code (see paragraphs 22 and 38 below). 17.     In the course of its investigation, the State Attorney’s Office questioned D.M. and a number of witnesses, and commissioned forensic expert reports concerning the exact cause of death and D.M.’s alcohol level at the time of the event. 18.     The eyewitnesses, M.H., B.D., V.J., I.P and N.P., explained that D.M. had sped through a red light and had hit the applicants’ relative, who had been driving his motorcycle through a green light. 19.     An expert report found that the applicants’ relative had died as a result of multiple injuries sustained in the accident. It also found that he had not been under the influence of alcohol. An expert report found that D.M. had had at least 1.89 g/kg of alcohol in his blood, which had significantly reduced his driving ability. 20.     D.M. was remanded in pre-trial detention in the course of the investigation. 21.     On 17 July 2012 the applicants, represented by a lawyer, informed the State Attorney’s Office that they wished to participate in the proceedings. Criminal proceedings against D.M. and his conviction 22.     On 31 July 2012 the State Attorney’s Office indicted D.M. in the Zagreb Municipal Criminal Court ( Općinski kazneni sud u Zagrebu ; hereinafter: “the Municipal Court”) under Article 272 §§ 1 and 3 of the Criminal Code on charges of reckless driving in wilful or wanton disregard of the relevant regulations for the safety of others by driving through a red light while under the influence of alcohol and thereby causing a road accident which had resulted in a fatal outcome. 23.     Following the submission of the indictment, the Municipal Court released D.M. from pre-trial detention and ordered the preventive measure of the confiscation of his driving licence until any judgment in the case became final. 24.     On 10 October 2012 the indictment was confirmed and the case sent to trial. 25.     At a hearing on 7 November 2012 D.M. pleaded guilty, following which the trial court commissioned an expert report concerning his mental condition. On 26 November 2012 an expert found that D.M. suffered from post-traumatic stress disorder related to the event. 26.     On 5 December 2012 the Municipal Court found D.M. guilty as charged and, relying on the possibility under the Criminal Code to reduce the sentence below the statutory minimum (see paragraph 41 below), imposed a sentence that was less than the minimum provided for the offence at issue under the Criminal Code. It sentenced him to two years’ imprisonment and imposed the safety measure of the confiscation of his driving licence for five years. 27.     When sentencing D.M., the Municipal Court reasoned that he had confessed and had expressed a critical attitude towards his conduct. It also stressed that D.M. had not been convicted of a criminal offence before and that his conduct, before and after the commission of the offence, had been in compliance with the law. Moreover, the court took into account the fact that D.M. had a family and that he had been affected by the event. 28.     The State Attorney’s Office lodged an appeal against the first ‑ instance judgment with the Zagreb County Court ( Županijski sud u Zagrebu ; hereinafter: “the County Court”). The applicants joined, arguing that the first-instance court had failed to take into account the fact that the death of their relative had been the consequence of continuous breaches of road safety regulations by D.M. and that he had been given a very lenient sentence. 29.     The first-instance judgment was upheld by the County Court on 14 May 2013. 30.     On 11 and 15 April 2014 the applicants complained to the sentence-execution judge of the County Court that the judgment of the Municipal Court had not been enforced and that D.M. was still at liberty. According to their submissions, he was manipulating the execution process by invoking difficult psychological condition. They pointed out that, according to the information available to them, despite the order for confiscation of his driving licence D.M. was still driving a car. 31.     Meanwhile, the applicants also complained to the Minister of Justice suggesting that D.M. enjoyed privileges in the execution of the sentence. 32.     D.M. started to serve his prison sentence on 12 May 2014. 33.     On 18 June 2015 a parole commission found that D.M. should be released on parole on 31 July 2015. Proceedings before the Constitutional Court 34.     On 2 July 2013 the applicants lodged a constitutional complaint with the Constitutional Court ( Ustavni sud Republike Hrvatske ) alleging numerous procedural flaws in the proceedings and findings of the lower courts. They argued that they had not been given an effective opportunity to participate in the criminal proceedings against D.M. and that they had been prevented from putting forward all their evidence and arguments. They further contended that D.M.’s sentence had been reduced below the statutory minimum under the Criminal Code. The applicants also argued that an appeal court judge, who participated in the examination of the first ‑ instance judgment against D.M., had earlier adopted several procedural decisions in his favour. 35.     On 16 October 2013 the Constitutional Court declared their constitutional complaint inadmissible on the grounds that the case did not concern any of their civil rights or obligations or any criminal charge against them. 36.     The Constitutional Court’s decision was served on the applicants’ representative on 14 November 2013. RELEVANT LEGAL FRAMEWORK Relevant domestic law and standards Constitution 37.     The relevant provisions of the Constitution ( Ustav Republike Hrvatske ) and the Constitutional Court Act ( Ustavni zakon o Ustavnom sudu Republike Hrvatske ), and the case-law of the Constitutional Court are set out in the case of Bajić v. Croatia (no. 41108/10, §§ 48-49 and 54-57, 13   November 2012). Criminal Code 38.     The relevant provision of the Criminal Code ( Kazneni zakon , Official Gazette nos. 110/1997, with further amendments) concerning forms of intentional causing of a road accident, as applicable at the relevant time, provided as follows: Causing a road accident Article 272 “(1)     Whoever, by violating road safety regulations, endangers other road users in such a manner that it causes an accident in which another person sustains serious bodily injury or extensive material damage, shall be punished by a term of imprisonment of between six months and five years. ... (3)     If the offence referred to in paragraph 1 of this Article results in the death of one or more persons, the perpetrator shall be punished by a term of imprisonment of between three and ten years.” 39.     Article 272 §§ 2 and 4 of the Criminal Code provided for sanctions for causing a road accident by negligence. 40.     Article 78 of the Criminal Code provided for a possibility of confiscation of a driving licence if there was a risk that the perpetrator might reoffend. Article 76 provided for a possibility of imposing an obligation of substance abuse treatment for those who had committed criminal offences under the decisive influence of alcohol or drugs. 41.     Article 57 § 2 of the Criminal Code provided that the relevant court could exceptionally impose a sentence that was below the statutory minimum if it determined that, in view of the existence of particularly mitigating circumstances of the case, the purpose of punishment could be achieved even by imposing such a mitigated sentence. Pursuant to Article   57 § 4(c), for a minimum statutory sentence of three years of imprisonment, the relevant court could reduce such a sentence up to two years of imprisonment. Minor Offences Act 42.     Section 58 of the Minor Offences Act ( Prekršajni zakon , Official Gazette no. 107/2007, with further amendments), as applicable at the relevant time, provided for the possible confiscation of a driving licence for between one month and two years for a minor offence if there was a risk of the perpetrator reoffending. 43.     Moreover, section 130(2)(6) of the Act provided for a possibility for the minor offences court, acting ex officio or upon a request of the prosecutor, to seize the driving licence of a defendant in the minor offences proceedings if there was a risk that he or she might reoffend. This measure could be applied from the moment of the submission of an indictment until the finality of the judgment. Section 53 of the Act provided for the possibility of imposing an obligation of substance abuse treatment for those who had committed minor offences under the decisive influence of alcohol or drugs. 44.     Section 77(2) provided that a perpetrator could not be considered convicted of a minor offence three years after the conviction has become final. Road Traffic Safety Act 45.     The relevant Road Traffic Safety Act ( Zakon o sigurnosti prometa na cestama , Official Gazette no. 67/2008, with further amendments), section 286, provided for a possibility of annulment of a driving licence for repeated violations of road traffic safety regulations if the licence had already been temporarily confiscated because the driver had negative points and he or she got additional nine negative points in the further period of two years. Enforcement of Prison Sentences Act 46.     Pursuant to section 48(8) of the Enforcement of Prison Sentences Act ( Zakon o izvršavanju kazne zatvora , Official Gazette no. 128/1999, with further amendments), as applicable at the relevant time, the relevant sentence-execution judge was required to take the necessary measures for the enforcement of a prison sentence within eight days of receipt of a final criminal court judgment. Under section 54, the enforcement of a prison sentence could exceptionally be postponed for a maximum period of twenty months.   National Road Safety Programme for the period 2011-2020 47.     On 14 April 2011 the Government of Croatia adopted the National Road Safety Programme for the period 2011-2020 (Official Gazette no. 59/2011; hereinafter: “the Programme”). The Programme relies on a number of United Nations and European Union initiatives in ensuring road safety. It notes that some 1,300,000 persons in the world die every year in road accidents and that 50,000,000 are injured. It also refers to an estimate according to which road accidents will become the fifth cause of death of people by 2030 if the current trends would continue. In this context, it notes that children and young people between ten and twenty-five years of age are particularly vulnerable. 48.     According to the Programme, the risks to life and physical integrity of participants in road traffic can be prevented. The Programme refers to evidence according to which the most effective prevention is based on, amongst other, control and punishment of drink-driving and speeding. It also notes the statistics according to which the majority of road accidents with serious consequences were caused by speeding. According to the Programme, this needs to be addressed by various measures, including the sanctioning of the offenders. With regard in particular to drink-driving, the Programme notes that there is an increase of participation of drivers under the influence of alcohol in the total number of road accidents with a fatal outcome. Thus, the Programme requires that intensive measures be taken to punish and prevent drink-driving. 49.     On 28 February 2018 a round table was held at the University of Zagreb, Faculty of Transport and Traffic Sciences, in order to evaluate the road safety in the country and the operation of the Programme. It was noted that there was an increase in road accidents in recent years. It was also stressed that, amongst other, effective punishment of minor offences and criminal offences related to public safety was required in order to address that issue. Relevant international materials 50.     Resolution A/RES/64/255 of 10 May 2010 of the United Nations General Assembly proclaimed the period 2011-2020 as the Decade of Action for Road Safety. The goal of the action is to stabilise and then reduce the forecast level of road traffic fatalities around the world by increasing activities conducted at the national, regional and global levels. In the relevant parts, the Resolution provides as follows: “ Expressing its concern at the continued increase in road traffic fatalities and injuries worldwide, in particular in low- and middle-income countries, bearing in mind that the fatality rate within the road system is considerably higher than the fatality rate within other transport systems, even in high-income countries, ... 6. Calls upon Member States to implement road safety activities, particularly in the areas of road safety management, road infrastructure, vehicle safety, road user behaviour, including distractions in traffic, road safety education and post-crash care, including rehabilitation for people with disabilities, based on the plan of action; ...” 51.     In its Global Status Report on Road Safety 2015, the World Health Organisation (“WHO”) noted that 1.25 million people were killed each year on the world’s roads, and that this figure has plateaued since 2007. The report stressed the need for action, which includes, amongst other, the following: “Lack of enforcement frequently undermines the potential of road safety laws to reduce injuries and deaths. More work is needed to explore the best ways to optimize enforcement of existing road safety laws. Social marketing campaigns need to be conducted to support and maximize the effects of enforcement.” European Union materials 52.     On 20 July 2010 the European Commission published the policy document “Towards a European road safety area: policy orientations on road safety 2011-2020” (SEC(2010) 903) aimed at the sharing of information and assisting the governments in their adoption of the road safety policies. The document notes that road safety is a major societal issue. It also expresses concerns over a high number of casualties in road accidents in the European Union. 53.     On 29 March 2017 the transport ministers of the Member States of the European Union adopted a declaration (Valletta Declaration on Road Safety) by which they, by relying on the earlier EU and the WHO standards, reconfirmed their commitment to improving road safety. They noted the high number of casualties in road accidents and stressed that road accidents have become a major societal issue. 54.     They also noted that fatality reduction rates had plateaued in recent year and that speeding and driving under the influence of alcohol or drugs were some of the major causes of road traffic collisions. On these grounds, the transport ministers undertook to ensure the implementation of a number of measures, including the following: “k) effectively enforce road safety rules and provide support to road enforcement bodies, including through cooperation and exchange of best practices, in particular with regard to speeding, driving under the influence of alcohol or drugs, failing to comply with traffic light and traffic sign rules, being distracted while driving, e.g. by using mobile devices, and failing to use protective equipment. ...” THE LAW ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION 55.     The applicants alleged a failure on the part of the domestic authorities to enforce the domestic legal framework of road traffic regulations by taking adequate measures with respect to the person who had caused the road collision in which their relative died. They relied on Article   2 of the Convention, which, in so far as relevant, reads as follows: “1.     Everyone’s right to life shall be protected by law ...” Admissibility The parties’ submissions 56.     The Government argued that there had been no reason for the applicants to lodge a constitutional complaint with the Constitutional Court. In the Government’s view, the six-month time-limit had started running after the County Court’s judgment of 14 May 2013, which meant that the application had been lodged with the Court outside the six-month time ‑ limit. 57.     The applicants submitted, referring to the Bajić v. Croatia (no.   41108/10, 13   November 2012) case, that it could not be held against them that they had afforded the Constitutional Court, as the highest Court in Croatia, the opportunity to address their complaints related to the deprivation of the life of their relative. The Court’s assessment 58.     The Court has already on many occasions addressed and rejected similar objections raised by the Government concerning applicants’ compliance with the six-month time-limit (see, for instance, Bajić , cited above, §§ 65-69; Pavlović and Others v. Croatia , no. 13274/11, §§ 27-39, 2   April 2015; and Kušić and Others v. Croatia (dec.), no. 71667/17, 10   December 2019). It sees no reason to hold otherwise in the present case. The Government’s objection is therefore rejected. 59.     The Court further notes that the applicants’ complaint is not manifestly ill-founded within the meaning of Article 35 § 3 (a) of the Convention. It also notes that it is not inadmissible on any other grounds. It must therefore be declared admissible. Merits The parties’ submissions (a)    The applicants 60.     The applicants contended that the State had failed to react in an adequate manner to D.M.’s persistent unlawful conduct and breaches of road safety regulations. In the applicant’s view, such a failure of the State ran counter to its obligations under Article 2 to avert the risk to the general public created by D.M.’s repeated unlawful conduct. In this connection, the applicants argued that the fact that the police had on numerous occasions identified D.M. as an offender under road traffic regulations, but that that had not resulted in any concrete and effective actions against him, demonstrated a failure by the domestic system to adequately deal with the threat he had posed. Moreover, the minor offences proceedings which had been pending at about the same time as D.M. had killed their relative, had been protracted and ineffective as the court dealing with the case had failed to apply the preventive measure of confiscating his driving licence. It was also not clear to the applicants why D.M.’s record had not shown several of his minor offences convictions for the period between September 2009 and October 2010. In the applicants’ view, those minor offences proceedings had only been one illustrative instance of the failure of the domestic system to prevent D.M. from endangering public safety by his repeated unlawful and dangerous conduct in road traffic. 61.     The applicants also argued that the investigation and criminal proceedings concerning the killing of their relative had been ineffective. In their view, the police had not collected all the evidence properly, particularly that related to the speed of D.M.’s vehicle when he had hit their relative. They also contended that they had not had an effective opportunity to present all their evidence and arguments in the criminal proceedings and that some of the judges had lacked objectivity. Moreover, they complained that D.M. had been treated leniently, without any justified reason, being given a prison sentence that was below the minimum provided for under the relevant domestic law. They also argued that D.M.’s prison sentence had not been adequately and effectively executed. (b)    The Government 62.     The Government submitted that the domestic authorities had reacted in a diligent manner to D.M.’s unlawful conduct by instituting the relevant proceedings against him in accordance with minor offences legislation. In the Government’s view, there had been no failures in the manner in which the minor offences courts had conducted the proceedings against D.M. at the time of the incident in which the applicants’ relative had been killed. In particular, D.M. had not had a minor offences or criminal record at the time and there had been no reason to confiscate his driving licence. It could not therefore be held that any other steps should have been taken in the minor offences proceedings in order to protect the applicants’ relative’s right to life. The Government also stressed that it was not clear what else the State could have done to prevent D.M. from causing the traffic accident and killing the applicant’s relative, apart from the various minor offences proceedings instituted against him. 63.     The Government further submitted that the procedural obligation was a requirement of means and not results. In their view, the proceedings related to the killing of the applicants’ relative had been prompt, thorough and effective. The applicants had been given the possibility to participate effectively in the proceedings and there had been nothing arbitrary or manifestly unreasonable in the actions and decisions of the domestic authorities. In that connection, the Government argued that the relevant courts had provided sufficient reasons for giving D.M. less than the minimum sentence. The Government also stressed that D.M. had started serving his prison sentence following the criminal proceedings against him and that his driving licence had been confiscated. The Court’s assessment (a)    Substantive aspect of Article 2 (i)       General principles 64.     Article 2 ranks as one of the most fundamental provisions in the Convention and also enshrines one of the basic values of the democratic societies making up the Council of Europe. It requires the State not only to refrain from the “intentional” taking of life, but also to take appropriate steps to safeguard the lives of those within its jurisdiction (see L.C.B. v. the United Kingdom , 9   June 1998, §   36, Reports 1998-III; Calvelli and Ciglio v.   Italy [GC], no.   32967/96, § 48, ECHR 2002 ‑ I, and Fernandes de Oliveira v. Portugal [GC], no. 78103/14, § 104, 31 January 2019). In this context, the absence of any direct State responsibility for the death of an individual or for placing his or her life in danger does not exclude the applicability of Article 2 (see Cavit Tınarlıoğlu v. Turkey , no. 3648/04, § 61, 2 February 2016). 65.     The Court has recently, in the case of Nicolae Virgiliu Tănase v.   Romania ([GC], no. 41720/13, 25 June 2019), elaborated on the scope and nature of the domestic authorities’ duties under Article 2 in the context of road traffic. It explained, in particular, the importance of putting in place a legislative and administrative framework designed to provide effective deterrence against threats to the right to life (ibid., § 135). In this connection, it should further be stressed that in view of the fact that the object and purpose of the Convention requires its provisions to be interpreted and applied in such a way as to make its safeguards practical and effective (see, amongst many others, Öneryıldız v. Turkey [GC], no.   48939/99, § 69, ECHR 2004‑XII), Article 2 requires the domestic authorities to ensure the effective functioning of the relevant road safety regulatory framework (see Fatih Çakır and Merve Nisa Çakır v. Turkey , no.   54558/11, § 40, 5 June 2018, and Marius Alexandru and Marinela Ștefan v. Romania , no. 78643/11, § 99, 24 March 2020). 66.     The Court has already addressed the issue of effective functioning of the relevant regulatory framework in different contexts under Article 2. The common thread of this case-law is that the duties of the domestic authorities entail above all the primary obligation to have in place an appropriate set of preventive measures geared to ensuring public safety. This entails a primary duty on the part of the State to adopt and implement a legislative and administrative framework designed to provide effective deterrence against threats to the right to life. In this regard, the States’ obligation to regulate must be understood in a broader sense which includes the duty to ensure the effective functioning of that regulatory framework. The regulatory duties thus encompass necessary measures to ensure implementation, including supervision and enforcement. In sum, the States’ positive obligation under the substantive limb of Article 2 extends to a duty to ensure the effective functioning of the regulatory framework adopted for the protection of life (see Kotilainen and Others v. Finland , no. 62439/12, § 66, 17 September 2020, with further references). 67.     This positive obligation under Article 2 must be construed as applying in the context of any activity, whether public or not, in which the right to life may be at stake. Thus, in the context of activities which may pose a risk to human life due to their inherently hazardous nature, States are required to take reasonable measures to ensure the safety of individuals as necessary. In this regard, special emphasis must be placed on regulations geared to the special features of the activity in question, particularly with regard to the level of the potential risk to human lives. The regulatory measures in question must govern the licensing, setting up, operation, security and supervision of the activity and must make it compulsory for all those concerned to take practical measures to ensure the effective protection of citizens whose lives might be endangered by the inherent risks (Ibid., §   67, with further references). 68.     In the context of road safety, the Court has held that the participation in road traffic is an activity potentially liable to result in serious threats to a person’s life. Over the years, driving has become a strictly regulated activity and considerable efforts have been made to improve road-traffic safety. Moreover, road safety depends on many factors, including the quality of the roads and the training provided to prospective drivers. Although, having regard to the extent of the regulations in place and the prevalence of this activity in daily life, driving can nowadays be seen by many as an activity that ordinarily is not particularly dangerous, the Court does not lose sight of the fact that this may be dependent, among other things, on the quality of law enforcement in this area. Notwithstanding the efforts made, the reality remains that road-traffic incidents, including car accidents, do happen and can result in serious physical injury and even loss of life (see Nicolae Virgiliu Tănase , cited above, §§ 146-147). 69.     Thus, in the context of road safety, the above-discussed positive duties of the domestic authorities entail, first, the obligation to have in place an appropriate set of preventive measures geared to ensuring public safety and minimising the number of road accidents (see Nicolae Virgiliu Tănase , cited above, § 135 in fine ) and, secondly, to ensure the effective functioning of those measures in practice (see paragraphs 65-66 above). 70.       It should, however, be emphasised that   the positive obligation is to be interpreted in such a way as not to impose an excessive burden on the authorities, bearing in mind, in particular, the unpredictability of human conduct and the operational choices which must be made in terms of priorities and resources. The extent of the positive obligations in a given context depends on the kind of risks concerned and the possibilities of mitigating them. Thus, where a State has adopted an overall legal framework and legislation tailored to the protective requirements in the specific context, matters such as an error of judgment on the part of an individual player, or negligent coordination among professionals, whether public or private, could not be sufficient of themselves to make the State accountable from the standpoint of its positive obligation under Article 2 (see Kotilainen and Others , cited above, §§ 67-68). (ii)     Application of the above principles to the present case 71.     At the outset, the Court finds that the central issue of the present case is the alleged deficient functioning of the relevant road safety regulatory framework to address a repeated and habitual unlawful conduct in road traffic by a person who has eventually caused the fatal road collision in which the applicants’ relative lost his life. This case therefore concerns, specifically, the allegations of deficiencies in the implementation of the regulatory framework, which also sets it apart from other cases which concern, more specifically, the substantive positive obligation to take preventive operational measures to protect an identified individual from another individual in case of the existence of a real and immediate risk to life, which is a distinct aspect of the State’s positive obligations under Article 2 (see Fernandes de Oliveira , cited above, § 103; Nicolae Virgiliu Tănase , cited above, § 136; and Kotilainen and Others , cited above, §§ 69 and 78). 72.     The question whether there has been a failure by the State to comply with its above-mentioned regulatory duties calls for a concrete rather than an abstract assessment of any alleged deficiency. The Court’s task is not normally to review the relevant law and practice in abstracto , but to determine whether the manner in which they were applied to, or affected, the applicant or the deceased gave rise to a violation of the Convention. Therefore, the mere fact that the regulatory framework may be deficient in some respects is not sufficient in itself to raise an issue under Article 2. It must be shown to have operated to an individual’s detriment (see Fernandes de Oliveira , cited above, § 107). Moreover, in the light of the importance of the protection afforded by Article 2, the Court must subject the complaint about loss of life to the most careful scrutiny, taking into consideration all the relevant circumstances of the case (see, among many others, Banel v.   Lithuania , no. 14326/11, § 67, 18 June 2013). 73.     The Court notes that the Croatian regulatory framework, as relevant for the present case, considered breaches of road safety as offences against public welfare which represent a high level of general danger to society. It provided both for the criminal and minor offences sanctions for such conduct, as well as preventive measures of seizure and confiscation of a driving licence if there was a risk of the suspect or perpetrator reoffending. The relevant legislation also provided for a possibility of imposing a duty of substance treatment for those who committed the offences under the decisive influence of drugs or alcohol. Moreover, the Road Traffic Safety Act provided for a possibility to annul a driving licence for repeated violations of road traffic safety regulations (see paragraphs 40, 43 and 45 above). 74.     According to the Government Programme for road safety the risks to life and physical integrity of participants in road traffic should be prevented. The Programme refers to control and punishment of drink-driving and speeding as effective means of preventing the risks to life and physical integrity of participants in road traffic (see paragraphs 47-48 above). Moreover, in an expert evaluation of the road safety in Croatia and the operation of the Programme, it was stressed that, amongst other, effective punishment of minor and criminal offences related to road safety was required in order to address the increase of road accidents (see paragraph 49 above). 75.     In this connection, it should also be noted that the relevant UN and WHO materials indicate the necessity of effective implementation and enforcement of road safety laws as a means of reducing injuries and deaths on the road (see paragraphs 50-51 above). In addition, the European Union Valletta Declaration, relying on UN and WHO documents, indicated drink ‑ driving and speeding as some of the major causes of road traffic collisions, which needed to be addressed by an effective enforcement of road safety rules (see paragraphs 52-54 above). 76.     The Court would add that this is a matter of common knowledge that cars and other motor vehicles can become dangerous with irresponsible or careless use and may cause widespread public harm since a significant portion of the population regularly uses them. There is therefore a compelling reason to protect society against harm in road traffic (see paragraph 68 above). The State should seek to avert traffic accidents by enforcing through adequate deterrence and preventive measures compliance with the relevant rules aiming to reduce the risks of dangerously careless or reckless conduct in road traffic. 77.     In sum, having regard to the above, the Court finds that the relevant domestic legal framework provided for appropriate preventive measures geared to ensuring public safety and minimising the number of road accidents. It remains to be seen whether this regulatory framework effectively operated in practice (see paragraph 69 above). 78.     The applicants’ relative was killed in a road traffic collision caused by D.M., who had sped through a red light at a junction while being so under the influence of alcohol that his driving ability was significantly reduced (see paragraphs 7 and 18-19 above). Such conduct was considered by the relevant authorities as involving reckless driving in wilful or wanton disregard for the safety of others which goes beyond the merely negligent causing of a road accident In other words, D.M. was aware of the kind of risk which could attend his conduct and took it regardless (see paragraphs 22 and 38 above). 79.     D.M. had a long history of breaches of the relevant road traffic regulations, including drink-driving, speeding and failing to obey road signs. In the period preceding the incident, between March 2000 and May 2012, D.M. had been registered thirty-two times in police records as a perpetrator of various traffic offences. His last conviction had been for an offence committed in November 2010. Nevertheless, his driving licence was temporarily confiscated twice for only short periods of time, first for three months in 2001-2002 and then for just three days in 2006. For the other breaches of traffic regulations, he was either punished by small fines or otherwise penalised by community service or merely a reprimand. In addition, ten minor offences proceedings against him were discontinued either due to prescription or improper processing of the case by the police (see paragraph 9 above). 80.     At about the time of the incident in which the applicants’ relative lost his life, D.M. was being prosecuted in minor offences proceedings for an offence of drink-driving in October 2010. An order for the confiscation of his driving licence was made in the police penalty notice for a period of nine months. However, after he had challenged that notice in the minor offences court, there is no indication that the court considered seizing his driving licence pending the outcome of the trial (see paragraph 43 above). It should also be noted that in the first-instance judgment in those proceedings, given on 1 June 2011, the court erroneously established that D.M. had not been previously convicted and thus considered that a fine was a sufficient sanction, without confiscation of his driving licence. Upon the quashing of that judgment on appeal, the proceedings only came to an end in December 2013 after a new minor offences court judgment and after D.M. had already paid his fine (see paragraphs 13-15 above). 81.     Given D.M.’s long record of various road traffic regulations breaches, the authorities had good reasons to consider him a repeat offender. Despite that, he only had his driving licence confiscated twice for short periods of time in 2001-2002 and 2006 (see paragraph 79 above). Indeed, at the time of the incident D.M. had a valid driving licence allowing him to participate in road traffic (see paragraph 8 above). In that connection, an indication of the domestic authorities’ lack of diligence to address D.M.’s unlawful conduct can be seen in how the relevant minor offences court established the qu