Communicated on 9 February 2015

FIRST SECTION

Application no. 51714/13 Slobodan ĐUROVIĆ against Croatia lodged on 1 August 2013

STATEMENT OF FACTS

The applicant, Mr Slobodan Đurović , is a Montenegrin national, who was born in 1954 and is currently serving a prison sentence in Croatia. He is represented before the Court by Mr R. Mlinarić , Mr Ž. Ž ganjer and Mr K. Vilajtovic ć , lawyers practising in Zagreb.

The circumstances of the case

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 29 October 2012 the applicant was arrested in connection with a suspicion of taking part in a murder plot.

Although he was not opposing the arrest, he was severely beaten by several police officers all over his head and body.

On 1 November 2008, upon his admission to the detention, the applicant was examined by a prison doctor who found that he had haematomas in the area of both eyes and an abrasion on his face.

In the further course of the proceedings, the applicant made numerous allegations before various domestic and international bodies alleging unlawful conduct of the authorities against him.

In particular, in a letter of 27 July 2011, addressed to the Office of the President of the Republic ( Ured Predsjednika Republike Hrvatske ), the applicant complained, inter alia , about his alleged ill-treatment by the police during his arrest.

It appears that no investigation was undertaken in connection with the applicant ’ s ill-treatment.

On 21 September 2012 the applicant instituted civil proceedings against the State before the Zagreb Municipal Civil Court ( Op ć inski gra đ anski sud u Zagrebu ) claiming damages for his alleged ill-treatment by the police. It appears that these proceedings are still pending before the first-instance court.

Meanwhile, on 3 November 2010 the Zagreb County Court ( Ž upanijski sud u Zagrebu ) found the applicant guilty on charges of incitement to conspiracy to aggravated murder and sentenced him to ten years ’ imprisonment. Upon the appeal, on 15 January 2013 the Supreme Court ( Vrhovni sud Republike Hrvatske ) upheld the applicant ’ s conviction increasing his sentence to twenty-three years ’ imprisonment.

On 7 March 2013 the applicant lodged a constitutional complaint before the Constitutional Court ( Ustavni sud Republike Hrvatske ) complaining about the unlawful actions of the domestic authorities against him and lack of fairness of the criminal proceedings.

The proceedings are still pending before the Constitutional Court.

COMPLAINT

The applicant complains , under Article 3 of the Convention, about his alleged ill-treatment by the police during his arrest.

QUESTIONS TO THE PARTIES

1. Has t he applicant been subjected to ill-treatment during his arrest , in breach of Article 3 of the Convention?

2. Having regard to the procedural protection from ill-treatment (see paragraph 131 of Labita v. Italy [GC], no. 26772/95, ECHR 2000-IV), has there been an effective investigation in the present case by the domestic authorities , as required under Article 3 of the Convention?

The Government are requested to submit two copies of the relevant documents in the applicant ’ s case.