In case of loss of a person in a state of war, the burden of proof for the circumstances of death lies with the state that arrested the deceased and not his relatives! The shift of the burden of proof consists of a violation of fair trial!
JUDGMENT Baljak and others v. Croatia 25.11.2021 (app. no. 41295/19) see here SUMMARY The case concerned the domestic courts’ dismissal of the applicants’ claim for damages against the State on the grounds that they had failed to prove that the State was responsible for the death of their relative, despite the fact that he had […]