Communicated on 10 April 2014

FIRST SECTION

Application no. 12744/13 Dušan LONČAR and others against Croatia lodged on 10 January 2013

STATEMENT OF FACTS

The applicants, Mr Du š an Lon č ar , Ms Miholjka Lon č ar and Mr Milo š Lon č ar , are Croatian nationals, who were born in 1951 and 1972 respectively. They all live in Vojni ć and are represented before the Court by Ms S. Č ankovi ć , a lawyer practising in Zagreb.

A. The circumstances of the case

The facts of the case, 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 ’ relative

During the military action “Storm” or immediately after, in August 1995, the applicants ’ relative N.L. was killed on the territory of “Krajina”.

N.L., when killed, was dressed in a military uniform and had on him army mask, a gas mask, five bullets as well as a gun strap. The autopsy showed that he had been killed by a projectile.

COMPLAINTS

The applicants complain under the procedural aspect of Article 2 of the Convention about the inefficiency of the criminal law mechanisms as regards the killing of their relative.

They complain under Article 13 of the Convention that they had no effective remedy for their Convention complaints.

QUESTIONS 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 applicants at their disposal an effective domestic remedy for their Convention complaints, as required by Article 13 of the Convention?

The Government are invited to submit copies of all case files and other documents concerning the killing of the applicants ’ relative.