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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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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