CEDH · CASELAW;COMMUNICATEDCASES;ENG — 14 avril 2014

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .sA6BC7FA7 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:right } .s9793A85B { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt } .s5E1364CA { margin-top:0pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .s8229ABDD { margin-top:0pt; margin-bottom:12pt; text-align:center } .s68C46B95 { margin-top:36pt; margin-bottom:12pt; text-align:center } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sA8776625 { margin-top:18pt; margin-left:29.2pt; margin-bottom:12pt; text-indent:-17.6pt; page-break-inside:avoid; page-break-after:avoid } .s29100277 { font-family:Arial; font-weight:bold } .s6B505E72 { margin:0pt; padding-left:0pt } .sA56BACAB { font-family:Arial; font-weight:bold; list-style-position:inside } .s3537C2D6 { font-weight:normal } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .s72C8F48C { margin-top:12pt; margin-left:36.6pt; margin-bottom:6pt; text-indent:-15.05pt; page-break-inside:avoid; page-break-after:avoid } .sA36B60A1 { font-family:Arial; font-style:italic } .s76CF415B { page-break-before:always; clear:both } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .s75A32C27 { border-collapse:collapse } .s3695F815 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top; background-color:#dfdfdf } .s85646119 { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:12pt } .sEECE831 { font-family:Arial; font-weight:bold; color:#474747 } .sE8934522 { border:0.75pt solid #949494; padding:1.02pt 5.03pt; vertical-align:top } .sB217F55E { margin-top:0pt; margin-bottom:0pt; text-align:justify; font-size:9pt }   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.   Application no 27115/12 lodged on 16   April   2012 by Sretko Veselinović is a Croatian national who was born on 4   April   1928 and lives in Štikada.   Application no 74392/12 lodged on 30   October   2012 by Ɖuro Bibić is a Croatian and Serbian national who was born on 5   May   1952 and lives in Novi Karlvici. The applicant Milka Stanimirović is a Serbian national who was born on 1   January   1949 lives in Smederevo. The applicant Bosiljka Memić is a Serbian national who was born on 24   December   1950 lives in Aachen.   Application no 75504/12 lodged on 14   November   2012 by Dragan Radičanin, who was born on 3   January   1947 and lives in Tušilović, Nedjeljka Čuturilo who was born on 28   August   1949 lives in Karlovac, Danica Beneta who was born on 10   August   1952 lives in Zagreb, Dragica Martinović who was born on 10   March   1943 lives in Karlovac, all Croatian nationals.     Application no 79768/12 lodged on 26   November   2012 by Radojka Kukavica, a Croatian national, who was born on 5   May   1956 and lives in Sisak.   Application no 21610/13 lodged on 11   March   2013 by Marija Ribić who was born on 20   September   1956 and lives in Jarkovci, Milica Ljiljak who was born on 5   February   1952 lives in Valjevo, Mile Bunčić who was born on 8   June   1953 lives in Sombor, all Croatian and Serbian nationals.   Application no 29835/13 lodged on 10   April   2013 by Milka Vorkapić, a Croatian and Serbian national, who was born on 2   May   1937 and lives in Inđija. 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.       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 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 , Šečić 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 Štikada Croatian Luka ŠUŠAK 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 ŠUŠAK 3 75504/12 14/11/2012 Dragan RADIČANIN 03/01/1947 Karlovac Croatian   Nedjeljka ČUTURILO 28/08/1949 Karlovac Croatian   Danica BENETA 10/08/1952 Zagreb Croatian   Dragica MARTINOVIĆ 10/03/1943 Karlovac Croatian Luka ŠUŠAK 4 79768/12 26/11/2012 Radojka KUKAVICA 05/05/1956 Sisak Croatian Luka ŠUŠAK 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 ŠUŠAK 6 29835/13 10/04/2013 Milka VORKAPIĆ 02/05/1937 Inđija Croatian, Serbian Luka ŠUŠAK