Communicated on 8 September 2015
SECOND SECTION
Application no. 27888/15
Dragica OREŠČANIN and others
against Croatia
lodged on 3 June 2015
STATEMENT OF FACTS
A list of the applicants is set out in the appendix.
A. The circumstances of the case
The facts of the case, as submitted by the applicants, may be summarised as follows.
In November 1991 the applicants’ respective husband and father, D.O., was abducted from his flat in Karlovac by members of the Croatian army. His body was found on 4 December 1991 in a common grave in Karlovac. An investigation was opened in that respect and it appears that it is still pending.
On 29 May 2003 the applicants instituted civil proceedings against the State, seeking damages in connection with the killing of their respective husband and father. The claim was dismissed on the grounds that it had become statutory-barred. The final decision in that respect was adopted by the Constitutional Court on 8 December 2014.
COMPLAINTS
The applicants complain under the procedural aspect of Article 2 of the Convention that the investigation into the death of their relative was not effective.
They also complain under Article 6 § 1 of the Convention that their right of access to court has been violated.
QUESTIONS TO THE PARTIES
1. 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), has there been an investigation in the present case by the domestic authorities, complying with the requirements under Article 2 of the Convention?
2. Did the manner in which the national courts calculated the statutory limitation period in the applicants’ case violate their right of access to court as guaranteed by Article 6 of the Convention?
Appendix
Dragica OREŠČANIN is a Croatian national who was born in 1949, lives in Karlovac and represented by S.ČANKOVIĆ Snježana MAMULA is a Croatian national who was born in 1981, lives in Karlovac and represented by S.ČANKOVIĆ Jasminka NOVAK is a Croatian national who was born in 1977, lives in Karlovac and represented by S.ČANKOVIĆ
Full & Egal Universal Law Academy