A crime without punishment that has led to a violation of the ECHR
JUDGMENT
Μ. and others v. Croatia 2-5-2017 (no. 50175/12)
SUMMARY
Right to life. Homicide investigation. The non-investigation of a homicide of a Croatian by the Croatian authorities and the non-prosecution of this serious offense violates the right to life in the Strasbourg Court, notably the procedural aspect, since the authorities have not intentionally investigated manslaughter.
PROVISION
Article 2
PRINCIPAL FACTS
The applicants, who are all Croatian nationals, were born in 1953, 1975, and 1978 respectively and live in Sisak (Croatia). They are the former wife and two sons of S.M., who was found dead on the bank of the river Sava in October 1991 with a gunshot wound to the head. The case concerned the alleged failure of the Croatian authorities to investigate his death.
The applicants claim that in September 1991 S.M. was abducted from their house in Novo Selo, allegedly by members of the Croatian army. The applicants submit that the relevant authorities had been made aware of the killing as early as 1991, and were repeatedly urged to investigate. In January 2003 a criminal complaint was lodged by the Sisak police in relation to the killing of individuals of Serbian ethnic origin in the broader Sisak area. In 2011 three men who had been senior members of the Sisak police at the relevant time were charged with war crimes, including the killing of S.M. One of the three commanders was convicted of having allowed the killings of persons of Serbian origin and of having failed to prevent such killings. However, there has been no prosecution of any individuals who carried out S.M.’s abduction and murder.
THE DECISION OF THE COURT
Relying in particular on Article 2 (right to life), the applicants complained about the killing of S.M., of alleged insufficiencies in the investigation, and of the absence of an effective remedy at their disposal in respect of these issues.
Violation of Article 2 (investigation)
Just satisfaction: EUR 20,000 (non-pecuniary damage) and EUR 1,000 (costs and expenses) to the applicants jointly
