Communicated on 16 October 2018
FIRST SECTION
Application no. 37333/17
Miroslav MARIĆ and Marijana MARIĆ
against Croatia
lodged on 17 May 2017
SUBJECT MATTER OF THE CASE
The application concerns Article 2 of the Convention – lack of an effective investigation into the killing of the applicants’ close relative and Article 6 § 1 of the Convention – access to court owing to excessive costs of proceedings (see Cindrić and Bešlić v. Croatia, no. 72152/13, §§ 119-123, 6 September 2016).
QUESTIONS tO THE PARTIES
1. Do the applicants have an effective domestic remedy for their Convention complaints? If so, have they exhausted available domestic remedies?
2. Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000‑VII), was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention?
3. Has there been a violation of the applicants’ right to a fair hearing guaranteed by Article 6 § 1 of the Convention in the civil proceedings complained of, on account of the fact that the domestic courts ordered them to reimburse the State for the costs of those proceedings (see Cindrić and Bešlić v. Croatia, no. 72152/13, 6 September 2016) so that the following criteria were satisfied:
(a) that the State was represented by the State Attorney’s Office and the costs of the State’s representation were calculated in an amount equal to a lawyer’s fee;
(b) that the applicants’ claim before the national courts was not devoid of any substance or manifestly unreasonable;
(c) in the light of the applicants’ individual financial situation, that the order to bear the costs at issue was a significant financial burden on them?
APPENDIX
No.
First
name LAST
NAME
Birth year
Nationality
Place of residence
Representative
Miroslav MARIĆ
1976
Croatian
Rovinj
S. Baotić
Marijana MARIĆ
1971
Croatian
Rovinj
S. Baotić
Full & Egal Universal Law Academy