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RADOVANOVIĆ v. CROATIA

Doc ref: 50252/12 • ECHR ID: 001-145142

Document date: May 28, 2014

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  • Cited paragraphs: 0
  • Outbound citations: 2

RADOVANOVIĆ v. CROATIA

Doc ref: 50252/12 • ECHR ID: 001-145142

Document date: May 28, 2014

Cited paragraphs only

Communicated on 28 May 2014

FIRST SECTION

Application no. 50252/12 Milivoj RADOVANOVIĆ against Croatia lodged on 31 July 2012

STATEMENT OF FACTS

The applicant, Mr Milivoj Radovanović , is a Croatian national of Serbian origin who was born in 1950 and lives in Beograd, Serbia . He is represented before the Court by Mr L. Šušak , a lawyer practising in Zagreb .

The circumstances of the case

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

On 21 May 1992 the applicant was taken from his workplace in Zagreb, by the Croatian police to the Tre šn jevka Police Station and later on to the Kerestinec concentration camp. He was detained there in a cell with about fifty other inmates. During his detention there he was once taken to the corridor by unknown men and beaten. He was then blindfolded and driven away, forced to walk while still blindfolded and a bullet was shot right next to his ear. He was then taken back to the Kerestinec concentration camp.

He was released on 19 August 1992.

The medical report of 24 August 1992 concerning the applicant shows that he had large haematoma on the right side of his thorax, right buttocks, left shin, right knee and right upper knee.

On an unspecified date an investigation was opened in respect of the events that took place in the Kerestinec camp during the war in Croatia. An indictment was brought against five persons on charges of war crimes against the civilian population. The applicant was heard as a witness on 26 October 2012. However, by a letter of the Zagreb County State Attorney ’ s Office of 18 February 2013 the applicant was informed that he was not on the list of victims concerned with those proceedings since they concerned only the events in the Kerestinec concentration camp between December 1991 and 25 May 1992.

COMPLAINT S

The applicant complains under Articles 3 and 14 that the procedural response by the national authorities as regards his allegations of ill-treatment was insufficient.

QUESTIONS TO THE PARTIES

1. Having regard to the procedural protection of the right not to be ill-treated , was the manner in which the criminal law mechanisms have been applied in the present cases by the domestic a uthorities in breach of Article 3 of the Convention?

2 . Have the relevant authorities complied with their procedural obligation under Article 14 of the Convention to investigate whether there was any motive behind the applicant ’ s arrest and ill-treatment that might be related to his Serbian origin (see Å ečić v. Croatia , no. 40116/02, § 66 , ECHR 2007 ‑ VI )?

The Government are invited to submit copies of all case files and other documents concerning the arrest, detention and ill-treatment of the applicant as well as those concerning the events in the Kerestinec concentration camp.

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