Published on 29 January 2024
SECOND SECTION
Application no. 49513/20
Nenad HUDOROVIĆ against Croatia
and 4 other applications
(see list appended)
communicated on 9 January 2024
SUBJECT MATTER OF THE CASE
The present cases concern the applicants’ lack of access to the Constitutional Court on account of its retroactive application of the admissibility criteria for lodging a constitutional complaint in conditions of detention cases.
The applicants were detained in Zagreb Prison over various periods of time between 2009 and 2014. They then lodged civil claims complaining that their conditions of detention had been inhuman and degrading, but their claims were dismissed by the domestic courts. The Constitutional Court declared their subsequent constitutional complaints inadmissible by what the applicants claim to have been a retroactive application of its admissibility criteria.
The applicants complain, under Article 6 of the Convention, about their lack of access to the Constitutional Court.
QUESTION TO THE PARTIES
Has the applicants’ right of access to the Constitutional Court been disproportionately restricted, in breach of Article 6 § 1 of the Convention (see Hanževački v. Croatia, no. 49439/21, §§ 34-41, 5 September 2023)?
APPENDIX
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
49513/20
Hudorović v. Croatia
29/10/2020
Nenad HUDOROVIĆ
1968
Duga Resa
Croatian
Kristina ABRAMOVIĆ
2.
54197/20
Adamović v. Croatia
27/11/2020
Saša ADAMOVIĆ
1975
Sesvete
Croatian
Kristina ABRAMOVIĆ
3.
54500/20
Hudorović v. Croatia
01/12/2020
Juraj HUDOROVIĆ
1974
Mahićno
Croatian
Kristina ABRAMOVIĆ
4.
51118/21
Korljan v. Croatia
14/10/2021
Zlatko KORLJAN
1966
Dugo Selo
Croatian
Kristina ABRAMOVIĆ
5.
12529/22
Bićanić v. Croatia
24/02/2022
Davor BIĆANIĆ
1981
Hrvatska Dubica
Croatian
Kristina ABRAMOVIĆ