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SOLAR v. CROATIA

Doc ref: 80898/12 • ECHR ID: 001-127973

Document date: October 8, 2013

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SOLAR v. CROATIA

Doc ref: 80898/12 • ECHR ID: 001-127973

Document date: October 8, 2013

Cited paragraphs only

FIRST SECTION

Application no. 80898/12 Vjera SOLAR against Croatia lodged on 7 December 2012

STATEMENT OF FACTS

The applicant, Ms Vjera Solar, is a Cro atian national, who was born in 1939 and lives in Sisak . She is represented before the Court by Ms B. Tadić , 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.

The applicant ’ s daughter, Lj ., then aged nineteen, was killed on 17 September 1991 at 11 p.m. in Sisak .

On 18 September 1991 the police lodged a criminal complaint against the unknown perpetrator with the Sisak County State Attorney ’ s Office.

On 16 December 2011 the Osijek County State Attorney ’ s Office brought an indictment in the Osijek County Court against V.M and D.B., on charges of war crimes against the civilian population, which included the killing of the applicant ’ s daughter.

The proceedings are still pending.

COMPLAINTS

The applicant complains under Articles 2, 8 and 13 of the Convention that the criminal law mechanisms as applied in this case have not met the requirement of efficiency and that she had no effective remedy in that respect.

She further complains that the suffering caused to her because of lack of an effective investigation and timely punishment of those responsible has caused her serious suffering, contrary to Article 3 of the Convention.

TMarkFactsComplaintsEND

QUESTIONS TO THE PARTIES

1. Having regard to the procedural protection of the right to life (see paragraph 104 of Salman v. Turkey [GC], no. 21986/93, ECHR 2000-VII; and Jularić v. Croatia , no. 20106/06 , 20 January 2011 ), was the investigation in the present case by the domestic authorities in breach of Article 2 of the Convention?

2 . Has the applicant been subjected to treatment in breach of Article 3 of the Convention?

3 . Does the applicant have at her disposal an effective domestic remedy for her complaint under Article 2, as required by Article 13 of the Convention?

The Government are invited to submit copies of all case files and other documents concerning investigation into the killing of the applicant ’ s daughter Lj .

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