FIFTH SECTION
DECISION
Application no. 34720/12
Đuro Đoko MILOVIĆ
against Montenegro
(see appended table)
The European Court of Human Rights (Fifth Section), sitting on 24 February 2022 as a Committee composed of:
Lətif Hüseynov, President,
Lado Chanturia,
Arnfinn Bårdsen, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 26 May 2012,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr M. Mirović, a lawyer practising in Bar.
The applicant’s complaint under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings against private persons was communicated to the Montenegrin Government (“the Government”).
THE LAW
In the present application, having examined all the material before it, the Court considers that for the reasons stated below, the complaint about the excessive length of the proceedings is inadmissible.
In particular, the Court notes that Article 6 does not guarantee an applicant a right to secure the prosecution and conviction of a third party or a right to “private revenge” (see Perez v. France [GC], no. 47287/99, § 70, ECHR 2004-I). As to its civil limb, the applicant did not file a civil-party claim in the context of the criminal proceedings against private individuals. As under the Montenegrin law, a criminal conviction is not a formal precondition for obtaining damages in civil proceedings, the outcome of the criminal proceedings in issue was not decisive for the applicant’s “civil rights”. The civil limb of Article 6 is thus equally inapplicable to the present case.
Accordingly, this complaint is incompatible ratione materiae with the provisions of the Convention within the meaning of Article 35 § 3 (a) and must be rejected in accordance with Article 35 § 4.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 17 March 2022.
Viktoriya Maradudina Lətif Hüseynov
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of criminal proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Start of proceedings or date of entry into force of the Convention in respect of Montenegro
(3 March 2004)
End of proceedings
Total length
Levels of jurisdiction
34720/12
26/05/2012
Đuro Đoko MILOVIĆ
1958
Mirović Milić
Bar
16/12/2004
pending
more than 17 years
2 levels of jurisdiction