FIRST SECTION
Application no. 19256/13
Marina VULETIĆ
against Croatia
lodged on 11 February 2013
STATEMENT OF FACTS
The applicant, Ms Marina Vuletić, is a Croatian national who was born in 1976 and lives in Zagreb. She is represented before the Court by Ms I. Bojić, a lawyer practising in Zagreb.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 10 December 1997, after a verbal altercation in a bar, A.B. attacked the applicant, causing a multiple fracture of her right arm.
The injury was characterised by a medical expert as serious bodily injury, and the applicant sought psychological help concerning the attack.
On 29 April 1998 the Zagreb Municipal State Attorney’s Office (Općinsko državno odvjetništvo u Zagrebu) indicted A.B. in the Zagreb Municipal Criminal Court (Općinski kazneni sud u Zagrebu) on charges of causing serious bodily injury.
On 29 January 1999 the applicant submitted a civil claim for damages to the Zagreb Municipal Criminal Court.
In the period between 22 October 1998 and 21 February 2002 several hearings were held, at which the trial court heard the applicant, A.B. and five witnesses, as well as medical experts.
On 3 April 2004 the Zagreb Municipal Criminal Court terminated the proceedings against A.B., on the grounds that the prosecution had become statute-barred. This decision was not served on the applicant.
On 21 November 2012 the applicant inspected the case file in the Zagreb Municipal Criminal Court and was then served with the decision of 3 April 2004.
B. Relevant domestic law
The relevant provisions of the Code of Criminal Procedure (Zakon o kaznenom postupku, Official Gazette nos. 110/1997, 27/1998, 58/1999, 112/1999, 58/2002, 143/2002, 62/2003 and 115/2006) are:
Article 291
“(1) The president of the trial panel shall terminate proceedings and shall serve his decision on the parties and the victim ... when ...
2) he has learned that the proceedings cannot be continued for the reasons provided for in Article 353 ... (6) ... of this Code. ... “
Article 353
“A judgment dismissing the charges shall be issued if ...
6) the proceedings have become statute-barred ... “
COMPLAINTS
The applicant complains under Articles 3 and 8 of the Convention of a lack of an effective procedural response by the domestic authorities to a serious act of violence against her.
QUESTIONS TO THE PARTIES
1. Has the applicant complied with the six-month time-limit laid down in Article 35 § 1 of the Convention?
2. Having regard to the States’ positive obligations under Article 3 of the Convention, was the manner in which the criminal law mechanisms have been applied in the present case by the domestic authorities in breach of Article 3 of the Convention?
3. Has there been a violation of the positive obligations under Article 8 of the Convention concerning the applicant’s right to respect for her private life?
The Government are requested to submit two copies of the entire case file from the domestic proceedings.
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