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BEKIĆ v. CROATIA and 3 other applications

Doc ref: 67499/12;67522/12;74387/12;3466/13 • ECHR ID: 001-126688

Document date: September 5, 2013

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BEKIĆ v. CROATIA and 3 other applications

Doc ref: 67499/12;67522/12;74387/12;3466/13 • ECHR ID: 001-126688

Document date: September 5, 2013

Cited paragraphs only

FIRST SECTION

Application no. 67499/12 Milka BEKIĆ and others against Croatia lodged on 28 September 2012

STATEMENT OF FACTS

A list of the applicants is set out in the appendix.

A. The circumstances of the case

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

1. Killing of the applicants ’ close relatives

On 22 August 1991 Dragan Bekić , Nenad Pajić , Miland Kladar and Radovan Kragulj , the applicants ’ respective close relatives, were killed by members of the Croatian Army.

An investigation was opened in respect of Ð.B. and V.M. in the Osijek County Court on charges of war crimes against the civilian population which also included the killings of the applicants ’ close relatives.

2. Proceedings on indictment

On 16 December 2011 the Osijek County State Attorney ’ s Office lodged an indictment against V.M. and Ð.B. in the Osijek County Court, alleging that they had been in command of the unit whose unknown members committed a number of crimes against the civilian population between July 1991 and June 1992, including the killings of the applicants ’ close relatives, described above. They were charged with war crimes against the civilian population.

The proceedings are currently pending.

COMPLAINT

The applicant s 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.

QUESTION TO THE PARTIES

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?

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

Represented by

67499/12

28/09/2012

Milka BEKIĆ

02/08/1955

Sisak

Bekić DUŠKO

18/11/1982

Sisak

Bekić DUNJA

23/12/1983

Sisak

Bekić DANIJEL

06/03/1988

Sisak

Luka Å UÅ AK

67522/12

28/09/2012

Radojka PAJIĆ

02/02/1960

Barajevo

Pajić DAMIR

17/10/1978

Barajevo

Pajić JOVICA

20/01/1982

Barajevo

Luka Å UÅ AK

74387/12

05/11/2012

Dragica KLADAR

02/03/1942

Blinjski Kut

Luka Å UÅ AK

3466/13

18/12/2012

Mara KRAGULJ

15/10/1955

Čačak

Kragulj MILAN

23/06/1974

Čačak

Kragulj DRAGAN

05/12/1984

Čačak

Kragulj MILENA

15/06/1976

Blinjski Put

Luka Å UÅ AK

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