Communicated on 28 May 2019
FIRST SECTION
Application no. 33663/18
Branko BRDAR
against Croatia
lodged on 13 July 2018
SUBJECT MATTER OF THE CASE
The application concerns civil proceedings the applicant instituted against the State seeking damages related to the disappearance of his father, who was taken by the Croatian soldiers in August 1995. Afterwards there have never been any news regarding his fate. The domestic courts accepted that the applicant’s father had been taken by the Croatian soldiers but concluded that it was not proven that they had killed him and therefore dismissed the applicant’s claim.
The applicant complains, under Article 3 of the Convention, that the disappearance of his father, who had been taken by the Croatian soldiers in August 1995 and whose fate remained unknown, caused him profound mental suffering.
He further complains, under Article 6 § 1 of the Convention, that the domestic courts’ conclusion in the civil proceedings was arbitrary and manifestly unreasonable. Since his father had undoubtedly been taken by the Croatian soldiers, after which he went missing, requiring the applicant to prove his father’s fate imposed an unreasonable burden on him.
QUESTIONS TO THE PARTIES
1. Has the applicant been subjected to inhuman or degrading treatment on account of his father’s disappearance at the hands of the Croatian soldiers, in breach of Article 3 of the Convention?
2. Did the applicant have a fair hearing in the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the conclusion of the domestic courts in the civil proceedings against the State arbitrary or manifestly unreasonable?
Full & Egal Universal Law Academy