Published on 8 November 2021
SECOND SECTION
Application no. 27722/17
Krsta GIGIĆ and Milka GIGIĆ
against Serbia
lodged on 6 April 2017
communicated on 12 October 2021
SUBJECT MATTER OF THE CASE
The gravestone of applicants’ late daughter had been unlawfully damaged and removed by a third private person who was ultimately convicted in the criminal proceedings and sentenced to a suspended two months’ imprisonment.
The applicants complain under Articles 6, 8 and 9 of the Convention about the refusal of the civil courts to recognise their right to compensation for non-pecuniary damage for the lack of statutory entitlement under Article 200 of the Obligations Act. The Constitutional Court dismissed (odbacio) the applicants’ constitutional appeal in this respect.
QUESTIONS TO THE PARTIES
1. Has there been a violation of Article 6 § 1 of the Convention? In particular, were the applicants denied, in breach of Article 6 § 1 of the Convention, the “right of access to a court” in the determination of their civil rights and obligations? Having regard to the reasons given by the competent civil courts, did the applicants have a fair hearing in the determination of their civil rights and obligations (see, mutatis mutandis, Anđelković v. Serbia, no. 1401/08, §§ 24 and 27 in fine, 9 April 2013)?
2. Has there been an interference with the applicants’ right to respect for their private and family life, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (see, mutatis mutandis, Drašković v. Montenegro, no. 40597/17, 9 June 2020, and Elli Poluhas Dödsbo v. Sweden, no. 61564/00, ECHR 2006‑I)?
3. Has there been an interference with the applicants’ freedom of religion, within the meaning of Article 9 § 1 of the Convention? If so, has there been a violation of the applicants’ freedom of religion, contrary to Article 9 of the Convention?
Lastly, the Government are invited to submit information on the legal framework which govern the subject matter of the present case and the courts’ case-law and practice in this respect, in particular on the applicability of Article 200 of the Obligations Act in the context of civil compensation claims for non-pecuniary damage on the ground of a damaged gravestone.
APPENDIX
No.
Applicant’s Name
Year of birth
Nationality
Place of residence
1.
Krsta GIGIĆ
1947
Serbian
Koceljeva
2.
Milka GIGIC
1949
Serbian
Koceljeva