Published on 4 May 2026
FIRST SECTION
Application no. 24786/25
Filip MILNERŠIĆ
against Croatia
lodged on 6 August 2025
communicated on 13 April 2026
SUBJECT MATTER OF THE CASE
The application concerns the physical attack on the applicant by a private individual whose criminal prosecution became time-barred.
In 2014 the applicant sustained a nasal bone fracture with displacement as a result of a punch by a certain K.K.
Following criminal investigation and proceedings, on 8 March 2024 the Rijeka Municipal Court acquitted K.K. for the criminal offence of grave bodily injury (teška tjelesna ozljeda) finding that the applicant’s injury could only be classified as a bodily injury (tjelesna ozljeda), for which the prosecution had meanwhile become time-barred. The applicant’s subsequent appeal and constitutional complaint were dismissed.
Relying on Article 6 § 1 of the Convention, the applicant complains that the inefficiency of the domestic courts in taking adequate action for a protracted period of time led to a denial of his rights as a victim of a violent act to protect his rights and interests, since the private prosecution of K.K. had meanwhile become time-barred.
QUESTION TO THE PARTIES
Having regard to the respondent State’s positive obligations under Article 8 of the Convention, did the competent domestic authorities conduct an effective investigation into the applicant’s allegations of a physical attack (see M.A. v. Iceland, no. 59813/19, §§ 57-58 and 60-61, 26 August 2025; Remetin v. Croatia, no. 29525/10, §§ 89-108, 11 December 2012; and Remetin v. Croatia (no. 2), no. 7446/12, §§ 95-96, 24 July 2014)?