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VESELINOVIĆ v. CROATIA

Doc ref: 27115/12;74392/12;75504/12;79768/12;21610/13;29835/13 • ECHR ID: 001-144049

Document date: April 14, 2014

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VESELINOVIĆ v. CROATIA

Doc ref: 27115/12;74392/12;75504/12;79768/12;21610/13;29835/13 • ECHR ID: 001-144049

Document date: April 14, 2014

Cited paragraphs only

Communicated on 14 April 2014

FIRST SECTION

Application no . 27115/12 Sretko VESELINOVIĆ against Croatia and 5 other applications (see list appended)

STATEMENT OF FACTS

THE FACTS

The applicants are represented before the Court by Mr L. Šušak , a lawyer practising in Zagreb

A. The circumstances of the cases

The facts of the cases, as submitted by the applicants, may be summarised as follows.

1. Background to the case

In 1991 the Homeland war escalated in Croatia. A part of Croatia was occupied by separatist Serbian forces. On a part of the occupied territories the so called “Serbian Independent Region Krajina” (hereinafter “the Krajina”) was formed. During the summer of 1995 Croatian authorities announced a military action “Storm” with aim to regain control of “Krajina”. The action started on 5 August.

2. Killing of the applicants ’ relatives

During the military action “Storm” or immediately after, in August 1995, the applicants ’ relatives were killed on the territory of “Krajina”.

COMPLAINTS

The applicants complain under Article 2 of the Convention of the killing of their close relatives. They also complaint that the criminal law mechanisms as applied in the cases concerning the killings of their close relatives have not met the standards of the procedural aspect of Article 2 of the Convention.

They complain that their relatives were killed solely because of their Serbian origin and that, contrary to their procedural obligations under Article 14 of the Convention, the relevant authorities have failed to investigate the possibility of such a motive for their death.

QUESTION s TO THE PARTIES

1. Having regard to the procedural protection of the right to life, was the manner in which the criminal law mechanisms have been applied in the present cases by the domestic authorities in breach of Article 2 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 killings of the applicants ’ relatives that might be related to their Serbian origin (see, mutatis mutandis , 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 killing of the applicants ’ relatives.

APPENDIX

No

Application No

Lodged on

Applicant

Date of birth

Place of residence

Nationality

Represented by

1

27115/12

16/04/2012

Sretko VESELINOVIĆ

04/04/1928

Å tikada

Croatian

Luka Å UÅ AK

2

74392/12

30/10/2012

Duro BIBIĆ

05/05/1952

Novi Karlovci

Croatian, Serbian

Milka STANIMIROVIĆ

01/01/1949

Smederevo

Serbian

Bosiljka MEMIĆ

24/12/1950

Aachen

Serbian

Luka Å UÅ AK

3

75504/12

14/11/2012

Dragan RADIÄŒANIN

03/01/1947

Karlovac

Croatian

Nedjeljka ÄŒUTURILO

28/08/1949

Karlovac

Croatian

Danica BENETA

10/08/1952

Zagreb

Croatian

Dragica MARTINOVIĆ

10/03/1943

Karlovac

Croatian

Luka Å UÅ AK

4

79768/12

26/11/2012

Radojka KUKAVICA

05/05/1956

Sisak

Croatian

Luka Å UÅ AK

5

21610/13

11/03/2013

Marija RIBIĆ

20/09/1956

Jerkovci

Croatian, Serbian

Milica LJILJAK

05/02/1952

Valjevo

Croatian, Serbian

Mile BUNCIC

08/06/1953

Sombor

Croatian, Serbian

Luka Å UÅ AK

6

29835/13

10/04/2013

Milka VORKAPIĆ

02/05/1937

Inđija

Croatian, Serbian

Luka Å UÅ AK

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