Communicated on 10 February 2020 Published on 2 March 2020

FIRST SECTION

Application no. 22190/18 Kadifa KOVAČEVIĆ and O thers against Croatia lodged on 7 May 2018

SUBJECT MATTER OF THE CASE

In August 1995 two men came to the applicants ’ house. One of them took a gun from the other man ’ s shoulder and shot dead the applicants ’ husband and father. In 1998 the first applicant filed a criminal complaint against unknown perpetrators for the criminal offence of murder. She submitted that two men wearing Croatian army uniforms had come to her house and that one of them had shot her husband in front of her. A police inquiry established that the man with a gun on his shoulder was I.S., member of the Croatian army, who had died in 1997. On 8 May 2003 the police arrested N.Ž., a former Croatian soldier, who gave a statement describing how he and I.S. had come to the applicants ’ house on 20 August 1995, had spent some time talking to them, after which he had taken a gun from I.S. ’ shoulder and had shot the applicants ’ husband and father. He expressed regret for his actions. He then called his lawyer and told the police that he would not sign his statement and later on denied having killed the applicants ’ relative. On the same day the police organized an identification parade and the applicants ’ recognized N.Ž. as the man who had shot their relative. In 2004 the competent prosecutor rejected the criminal complaint against N.Ž.

Meanwhile, in 2003 the applicants instituted civil proceedings against the State seeking damages related to the killing of their husband and father in August 1995 by a Croatian soldier. The domestic courts dismissed the applicants ’ claim concluding that the applicants had failed to prove that their relative had been killed by a Croatian soldier, or by a gun owned by the State.

The applicants complain, under Article 6 § 1 of the Convention, that the domestic courts ’ conclusion in the civil proceedings was arbitrary and manifestly unreasonable.

QUESTION TO THE PARTIES

Did the applicants have a fair hearing in the determination of their civil rights and obligations, in accordance with Article 6 § 1 of the Convention? In particular, was the conclusion of the domestic courts in the civil proceedings against the State arbitrary or manifestly unreasonable?

APPENDIX

No.

Applicant ’ s Name

Nationality

Place of residence

1Kadifa KOVAČEVIĆ

Croatian

Vojnić

2Senada DOLIĆ

Croatian

Velika Kladu Å¡ a

3Dragan KOVAČEVIĆ

Croatian

Vojnić

4Suvad KOVAČEVIĆ

Croatian

Vojnić

5Mirsada MEŠINOVIĆ

Croatian

Vojnić