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KRDŽALIJA AND OTHERS v. MONTENEGRO

Doc ref: 79065/13 • ECHR ID: 001-180761

Document date: January 19, 2018

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KRDŽALIJA AND OTHERS v. MONTENEGRO

Doc ref: 79065/13 • ECHR ID: 001-180761

Document date: January 19, 2018

Cited paragraphs only

Communicated on 19 January 2018

SECOND SECTION

Application no. 79065/13 Sejda KRDŽALIJA and others against Montenegro lodged on 8 December 2013

SUBJECT MATTER OF THE CASE

The application concerns the deportation of the applicants ’ family members by the Montenegrin authorities to the authorities of Republika Srpska in Bosnia and Herzegovina in May 1992, where they were later killed or went missing. The applicants complain, under procedural limb of Articles 2 and 3, about a lack of an effective investigation into the impugned event.

QUESTIONS tO THE PARTIES

1. Have the applicants complied with the six-month time-limit laid down in Article 35 § 1 of the Convention? The Government are invited to submit a proof of when the judgment of the Court of Appeals of 17 May 2013 was dispatched to the applicants, as well as copies of delivery slips, if available, as a proof of when the applicants received it.

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? In particular, the Government are invited to inform the Court: (a) what investigative actions have been undertaken and when, (b) was the investigation conducted by independent authorities, and (c) who represented the State in the civil proceedings the applicants had instituted against the State?

3. Having regard to the procedural protection from torture and/or inhuman and degrading treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), was the investigation in the present case by the domestic authorities in breach of Article 3 of the Convention?

A PPENDIX

N o .

First name LASTNAME

Birth year

Nationality

Place of residence

Representative

Sejda KRDŽALIJA

1949Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

Ramiza BI Č O

1933Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

Sabina DOLOVAC

1985Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

Admira DRUSTINAC

1977Bosnia and Herzegovina

Wuppertal

T. Gorjanc-Prelević

Fikreta HAD Ž I Ć

1955Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

Hizreta HASANBEGOVI Ć

1955Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

Mirzeta HO Å O

1951Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

Hikmeta PRELO

1953Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

Elmedina SELIMOVI Ć

1981Bosnia and Herzegovina

Goražde

T. Gorjanc-Prelević

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