Published on 8 November 2021

SECOND SECTION

Application no. 27722/17 Krsta GIGIĆ and Milka GIGIĆ against Serbia lodged on 6 April 2017 communicated on 12 October 2021

SUBJECT MATTER OF THE CASE

The gravestone of applicants’ late daughter had been unlawfully damaged and removed by a third private person who was ultimately convicted in the criminal proceedings and sentenced to a suspended two months’ imprisonment.

The applicants complain under Articles 6, 8 and 9 of the Convention about the refusal of the civil courts to recognise their right to compensation for non-pecuniary damage for the lack of statutory entitlement under Article 200 of the Obligations Act. The Constitutional Court dismissed ( odbacio ) the applicants’ constitutional appeal in this respect.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 6 § 1 of the Convention? In particular, were the applicants denied, in breach of Article 6 § 1 of the Convention, the “right of access to a court” in the determination of their civil rights and obligations? Having regard to the reasons given by the competent civil courts, did the applicants have a fair hearing in the determination of their civil rights and obligations (see, mutatis mutandis , Anđelković v. Serbia , no. 1401/08, §§ 24 and 27 in fine , 9 April 2013)?

2. Has there been an interference with the applicants’ right to respect for their private and family life, within the meaning of Article 8 § 1 of the Convention? If so, was that interference in accordance with the law and necessary in terms of Article 8 § 2 (see, mutatis mutandis , DraÅ¡ković v. Montenegro , no. 40597/17, 9 June 2020, and Elli Poluhas Dödsbo v. Sweden , no. 61564/00, ECHR 2006 ‑ I)?

3. Has there been an interference with the applicants’ freedom of religion, within the meaning of Article 9 § 1 of the Convention? If so, has there been a violation of the applicants’ freedom of religion, contrary to Article 9 of the Convention?

Lastly, the Government are invited to submit information on the legal framework which govern the subject matter of the present case and the courts’ case-law and practice in this respect, in particular on the applicability of Article 200 of the Obligations Act in the context of civil compensation claims for non-pecuniary damage on the ground of a damaged gravestone.

APPENDIX

No.

Applicant’s Name

Year of birth

Nationality

Place of residence

1.Krsta GIGIĆ

1947Serbian

Koceljeva

2.Milka GIGIC

1949Serbian

Koceljeva