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KUŠIĆ AND OTHERS v. CROATIA

Doc ref: 71667/17 • ECHR ID: 001-187641

Document date: October 16, 2018

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KUŠIĆ AND OTHERS v. CROATIA

Doc ref: 71667/17 • ECHR ID: 001-187641

Document date: October 16, 2018

Cited paragraphs only

Communicated on 1 6 October 2018

FIRST SECTION

Application no. 71667/17 Zdravka KUŠIĆ and O thers against Croatia lodged on 29 September 2017

SUBJECT MATTER OF THE CASE

The application concerns the applicants ’ complaints under Articles 2 and 14 of the Convention that the investigation into the killing of their close relative has not been effective and that during investigation the allegation that he had been killed owing to his Serb ethnicity has not been taken into account.

QUESTIONS tO THE PARTIES

1. Do the applicants have an effective domestic remedy for their Convention complaints? If so, have they exhausted available domestic remedies?

2. 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), was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention?

3. Have the relevant authorities complied with their procedural obligation under Article 14 of the Convention to investigate whether there was any motive behind the killing of the applicants ’ close relative, N.T., that might be related to his Serbian origin (see, mutatis mutandis , Å ečić v. Croatia , no. 40116/02, § 66, ECHR 2007 ‑ VI)?

APPENDIX

1. Zdravka KUŠIĆ is a Serbian national who was born in 1958 and lives in Kragujevac ;

2. Bojan KUŠIĆ is a Serbian national who was born in 1987 and lives in Kragujevac ;

3. Martina KUŠIĆ is a Serbian national who was born in 1990 and lives in Kragujevac .

They are all represented by Ms S. Čanković , a lawyer practising in Zagreb.

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