FIRST SECTION
Application no. 57856/11
Ana JELIĆ against Croatia
and three other applications
(see list appended)
STATEMENT OF FACTS
A list of the applicants is set out in the appendix. They are all represented by L. Šušak, a lawyer practicing in Zagreb.
The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
1. Killing of the applicants’ close relatives
On 4 August 1991 V. B. was beaten up and killed by several members of the Croatian reserve police. A criminal complaint was lodged on 9 August 1991 by the Sisak Police.
On 23 September 1991 four members of the Croatian reserve police killed S. M.. A criminal complaint was lodged on 7 January 2003 by the Sisak Police.
On 6 October 1991 several members of the Croatian reserve police killed S.B. A criminal complaint was lodged on 24 October 1991 by the Sisak Police.
On 15 November 1991 several members of the Croatian reserve police killed Vaso Jelić. Criminal complaints were lodged on 20 November 1991 and 3 April 1992, both by the Sisak Police.
An investigation was opened in respect of Ð.B. and V.M. in the Osijek County Court on charges of war crimes against the civilian population which also included the killings of the applicants’ close relatives.
2. Proceedings on indictment
On 16 December 2011 the Osijek County State Attorney’s Office lodged an indictment against V.M. and Ð.B. in the Osijek County Court, alleging that they had been in command of the unit whose unknown members committed a number of crimes against the civilian population between July 1991 and June 1992, including the killings of the applicants’ close relatives, described above. They were charged with war crimes against the civilian population.
The proceedings are currently pending.
3. Civil proceedings
On various dates the applicants brought separate civil actions against the State, seeking compensation in connection with the death of their close relatives. The claims were dismissed on the ground that they had been lodged after the statutory limitation period had expired.
COMPLAINTS
The applicants complain under Article 2 of the Convention of the killing of their close relatives. They also complaint that the criminal law mechanisms as applied in the cases concerning the killings of their close relatives have not met the standards of the procedural aspect of Article 2 of the Convention.
They complain that their relatives were killed solely because of their Serbian origin and that, contrary to their procedural obligations under Article 14 of the Convention, the relevant authorities have failed to investigate the possibility of such a motive for their death.
They complain further under Article 13 of the Convention that they have no effective domestic remedy at their disposal by which to submit their Convention complaints.
Finally, they also complain under Article 6 of the Convention of the assessment of facts and interpretation of laws by the national courts as regards their civil action for damages.
QUESTIONS TO THE PARTIES
1. Having regard to the procedural protection of the right to life, was the manner in which the criminal law mechanisms have been applied in the present cases by the domestic authorities in breach of Article 2 of the Convention?
2. Have the relevant authorities complied with their procedural obligation under Article 14 of the Convention to investigate whether there was any motive behind killings of the applicants’ close relatives that might be related to their Serbian origin (see, mutatis mutandis, Šečić v. Croatia, no. 40116/02, § 66, ECHR 2007‑VI)?
3. Do the applicants have at their disposal an effective domestic remedy for their Convention complaints, as required by Article 13 of the Convention?
The Government are invited to submit copies of all case files and other documents concerning the killing of the applicants’ relatives V.B., Stevo Borojević, Vaso Jelić and S.M.
Appendix
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Represented by
57856/11
30/08/2011
Ana JELIĆ
28/01/1934
Sisak
Luka ŠUŠAK
70273/11
07/11/2011
Jasenka BOROJEVIĆ
03/10/1946
Sisak
Lahorka MARIĆ
08/10/1966
Sisak
Edita MIHIĆ
10/07/1973
Sisak
Luka ŠUŠAK
71593/11
11/11/2011
M. B.
B. P.
B. B.
Luka ŠUŠAK
50175/12
03/07/2012
Z. M.
D. M.
R. M.
Luka ŠUŠAK
Full & Egal Universal Law Academy