Communicated on 19 May 2015 and 9 May 2018
FIRST SECTION
Application no. 51519/12
Jovan NIJEMČEVIĆ
against Croatia
lodged on 23 July 2012
The facts and complaints in this application have been summarised in the Court’s Statement of facts and Question to the parties, which is available in HUDOC.
QUESTION to the parties
Having regard to the decision of the Constitutional Court no. U‑I‑2820/2003 of 19 November 2008 (Official Gazette no. 137/2008), the parties are invited to submit further observations on whether before coming into force of the Act on the liability of the Republic of Croatia for damage caused by members of the Croatian army and police in the performance of their duties during the Homeland War (Zakon o odgovornosti Republike Hrvatske za štetu uzrokovanu od pripadnika hrvatskih oružanih i redarstvenih snaga tijekom Domovinskog rata, Official Gazette, no. 117/2003), the State was liable under the law for damage caused to third persons by members of military forces during the Homeland War from 17 August 1990 to 30 June 1996. If the answer to the latter question is negative, the parties are invited to elaborate on the effect the non-existence of such liability might have had on the running of the statutory limitation period in the applicant’s case.
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