CEDH · CASELAW;COMMUNICATEDCASES;FRA;FRE — 16 juin 2017

.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 } .s3F59B822 { font-family:Arial; font-weight:bold; text-transform:uppercase } .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 } .sD3B63DAD { margin-top:36pt; margin-bottom:12pt; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sA36B60A1 { font-family:Arial; font-style:italic } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left }   Communicated on 16 June 2017   FIRST SECTION Application no. 39963/16 L.A. against Croatia lodged on 6 July 2016 STATEMENT OF FACTS The applicant is a Croatian national who was born in 1963 and lives in Novigrad. She is represented before the Court by Ms   S.   Bezbradica Jelavić, 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. On 18 August 1992 the applicant’s brother, A., was arrested in Novigrad by two police officers, B. and C., together with three other persons, one of whom, D., managed to escape; he informed the applicant of the arrest of her brother and also that he had been beaten by the police officers. A. was firstly taken to U. and detained in the fire station. Later on he was taken to R. and then by ferry to X Prison in S. Both during his transport and in X Prison A. was beaten by police officers and prison personnel. After two days in X Prison he was taken to Tomislavgrad in Bosnia and Herzegovina and was handed over to the Croatian Army there. His further whereabouts are unknown. On 25 October 2013 the applicant lodged a criminal complaint with the State Attorney’s Office in connection with the unlawful arrest, alleged torture and disappearance of her brother. An investigation was opened and is still pending. COMPLAINTS The applicant complains under the procedural aspect of Articles 2, 3, 5 and 14 of the Convention of the lack of an effective, prompt and impartial investigation into the unlawful arrest, alleged torture and disappearance of her brother. She also complains, under Article 3, that the uncertainty about her brother’s fate has caused her suffering. Lastly, she complains, under Article 13 of the Convention, that she had no effective remedy at her disposal in this connection. QUESTIONS TO THE PARTIES 1.     Having regard to the procedural protection of the right to life and prohibition of torture (see paragraph 104 of Salman v. Turkey [GC], no.   21986/93, ECHR 2000-VII) as well as the right not to be discriminated against, was the investigation in the present case by the domestic authorities in breach of Articles 2, 3 and 14 of the Convention?   2.     Has the applicant been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention?   3.     Has there been a violation of Article 5 of the Convention on account of the failure of the authorities of the respondent State to conduct an effective investigation into the whereabouts and fate of A. (see Cyprus v.   Turkey [GC], no. 25781/94, § 147, ECHR 2001 ‑ IV)?   4.     Does the applicant have at her 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 arrest, detention and disappearance of A.