Communicated on 14 April 2014
FIRST SECTION
Application no. 27115/12
Sretko VESELINOVIĆ against Croatia
and 5 other applications
(see list appended)
STATEMENT OF FACTS
THE FACTS
The applicants are represented before the Court by Mr L. Šušak, a lawyer practising in Zagreb
A. The circumstances of the cases
The facts of the cases, as submitted by the applicants, may be summarised as follows.
Application no 27115/12 lodged on 16 April 2012 by Sretko Veselinović is a Croatian national who was born on 4 April 1928 and lives in Štikada.
Application no 74392/12 lodged on 30 October 2012 by Ɖuro Bibić is a Croatian and Serbian national who was born on 5 May 1952 and lives in Novi Karlvici. The applicant Milka Stanimirović is a Serbian national who was born on 1 January 1949 lives in Smederevo. The applicant Bosiljka Memić is a Serbian national who was born on 24 December 1950 lives in Aachen.
Application no 75504/12 lodged on 14 November 2012 by Dragan Radičanin, who was born on 3 January 1947 and lives in Tušilović, Nedjeljka Čuturilo who was born on 28 August 1949 lives in Karlovac, Danica Beneta who was born on 10 August 1952 lives in Zagreb, Dragica Martinović who was born on 10 March 1943 lives in Karlovac, all Croatian nationals.
Application no 79768/12 lodged on 26 November 2012 by Radojka Kukavica, a Croatian national, who was born on 5 May 1956 and lives in Sisak.
Application no 21610/13 lodged on 11 March 2013 by Marija Ribić who was born on 20 September 1956 and lives in Jarkovci, Milica Ljiljak who was born on 5 February 1952 lives in Valjevo, Mile Bunčić who was born on 8 June 1953 lives in Sombor, all Croatian and Serbian nationals.
Application no 29835/13 lodged on 10 April 2013 by Milka Vorkapić, a Croatian and Serbian national, who was born on 2 May 1937 and lives in Inđija.
1. Background to the case
In 1991 the Homeland war escalated in Croatia. A part of Croatia was occupied by separatist Serbian forces. On a part of the occupied territories the so called “Serbian Independent Region Krajina” (hereinafter “the Krajina”) was formed. During the summer of 1995 Croatian authorities announced a military action “Storm” with aim to regain control of “Krajina”. The action started on 5 August.
2. Killing of the applicants’ relatives
During the military action “Storm” or immediately after, in August 1995, the applicants’ relatives were killed on the territory of “Krajina”.
COMPLAINTS
The applicants complain under Article 2 of the Convention of the killing of their close relatives. They also complaint that the criminal law mechanisms as applied in the cases concerning the killings of their close relatives have not met the standards of the procedural aspect of Article 2 of the Convention.
They complain that their relatives were killed solely because of their Serbian origin and that, contrary to their procedural obligations under Article 14 of the Convention, the relevant authorities have failed to investigate the possibility of such a motive for their death.
QUESTIONs TO THE PARTIES
1. Having regard to the procedural protection of the right to life, was the manner in which the criminal law mechanisms have been applied in the present cases by the domestic authorities in breach of Article 2 of the Convention?
2. Have the relevant authorities complied with their procedural obligation under Article 14 of the Convention to investigate whether there was any motive behind killings of the applicants’ relatives that might be related to their Serbian origin (see, mutatis mutandis, Šečić v. Croatia, no. 40116/02, § 66, ECHR 2007‑VI)?
The Government are invited to submit copies of all case files and other documents concerning the killing of the applicants’ relatives.
APPENDIX
No
Application No
Lodged on
Applicant
Date of birth
Place of residence
Nationality
Represented by
1
27115/12
16/04/2012
Sretko VESELINOVIĆ
04/04/1928
Štikada
Croatian
Luka ŠUŠAK
2
74392/12
30/10/2012
Duro BIBIĆ
05/05/1952
Novi Karlovci
Croatian, Serbian
Milka STANIMIROVIĆ
01/01/1949
Smederevo
Serbian
Bosiljka MEMIĆ
24/12/1950
Aachen
Serbian
Luka ŠUŠAK
3
75504/12
14/11/2012
Dragan RADIČANIN
03/01/1947
Karlovac
Croatian
Nedjeljka ČUTURILO
28/08/1949
Karlovac
Croatian
Danica BENETA
10/08/1952
Zagreb
Croatian
Dragica MARTINOVIĆ
10/03/1943
Karlovac
Croatian
Luka ŠUŠAK
4
79768/12
26/11/2012
Radojka KUKAVICA
05/05/1956
Sisak
Croatian
Luka ŠUŠAK
5
21610/13
11/03/2013
Marija RIBIĆ
20/09/1956
Jerkovci
Croatian, Serbian
Milica LJILJAK
05/02/1952
Valjevo
Croatian, Serbian
Mile BUNCIC
08/06/1953
Sombor
Croatian, Serbian
Luka ŠUŠAK
6
29835/13
10/04/2013
Milka VORKAPIĆ
02/05/1937
Inđija
Croatian, Serbian
Luka ŠUŠAK
Full & Egal Universal Law Academy