FIRST SECTION

Application no. 50203/12 Savo ORIĆ against Croatia lodged on 3 July 2012

STATEMENT OF FACTS

The applicant, Mr Savo Orić , is a Croatian national, who was born in 1952 and lives in Topolovica . He is repres ented before the Court by Mr J. Jelić , a lawyer practising in Bjelovar .

A. The circumstances of the case

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

1. Criminal Investigation

In 1991 the applicants ’ parents were killed in their house in Topolovica by unknown perpetrators. Their house was burned down. The police lodged a criminal complaint on 9 December 1991. It appears that the investigation is still ongoing.

2. Administrative proceedings

On an unspecified date the applicant sought means for reconstruction of his parents ’ house. It was dismissed by the administrative authorities in 2003 on the ground that he had not resided in that house at the time the damage had occurred. The applicant brought a second request with the same claim in 2005. It was dismissed on the ground that the same request had already been decided upon.

3. Civil proceedings

On 7 February 2007 the applicant then brought a civil action against the State in the Grubišno Polje Municipal Court, seeking compensation in connection with the death of his parents and the destruction of their property. The claim was dismissed on 3 April 2007 and this judgment was upheld by the Bjelovar County C ourt and the Supreme Court on 6 September 2007, May 2008 and 9 April 2008, respectively. The national courts found that the claim had been submitted after the statutory limitation period had expired.

The applicants ’ subsequent constitution al complaint was dismissed on 9 May 2012.

COMPLAINTS

The applicant, relying on Articles 2 and 8 of the Convention, complains of the killing of his parents. He also complains that the criminal law mechanisms as applied in the case at issue have not met the standards of the procedural aspect of Article 2 of the Convention.

Finally, he also complains under Article 6 of the Convention of the assessment of facts and interpretation of laws by the national courts as regards his civil action for damages.

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 case 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 applicant ’ s father that might be related to his 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 applicant ’ s parents.