CASE OF NJEŽIĆ AND ŠTIMAC v. CROATIA
No violation of Article 2 - Right to life (Article 2-1 - Effective investigation) (Procedural aspect)
Dmitry Dedov;Elisabeth Steiner;Erik Møse;Julia Laffranque;Khanlar Hajiyev;Mirjana Lazarova Trajkovska;Ksenija Turković
5. The applicants were born in 1956 and 1957 respectively and live in Zagreb. 6. On 16 October 1991 the Gospić police learned that seven civilians had been killed that day in the village of Bukovac. Their bodies were transported to the Pathology Department of the Gospić Medical Centre by the members of the Croatian Army who had found them. Two of the bodies were identified as the applicants’ parents, Mile and Ana Pocrnić, and the third as their grandmother, Marija Pocrnić. An investigating judge of the Gospić County Court was informed of the killings. The investigating judge decided that it was not possible to carry out an on-site inspection because of the danger of further attacks by unidentified persons from Široka Kula. 7. On the same day a pathologist performed an autopsy on the corpses and drew up a post-mortem report. He established that the applicants’ parents and their grandmother had been shot dead. 8. On 28 December 1991 the Gospić police lodged a criminal complaint with the Gospić County State Attorney’s Office against persons unknown on charges of murder in connection with the killing of seven inhabitants of the Bukovac village on 16 October 1991, including the applicants’ parents, Mile and Ana Pocrnić, and their grandmother Marija Pocrnić. 9. On 11 September 1992 the Gospić police interviewed I.P., who had been living in Podlapača, a village near Bukovac, during the critical period. On an unspecified date in December 1991 three members of the Serbian paramilitary forces, M.B., R.Š. and J.G., had fired at him, but he had escaped into the woods. While visiting one of his neighbours on 26 October 1991 he had met B. and Č., who had said that they had killed some people in Bukovac. When the police showed him photographs of some members of the Serbian paramilitary forces he recognised B.G. and Č.B. as B. and Č., the persons he had met at his neighbour’s house. 10. On 14 September 1992 the police interviewed P.J. and I.J., who were brothers. P.J. said that he had met B.G., Č.B. and another man in a prison in Knin. When he had asked B.G. why they had been imprisoned he had told him that they had killed some civilians in Korenica. However, I.J. and P.J. thought that this had not happened in Korenica but in one of the Croatian villages near Lički Osik. 11. On 15 September 1992 the Gospić police sent a report to the Karlovac Military Prosecutor stating that B.G. and Č.B may have been among the perpetrators of the killings in Bukovac. 12. Immediately before the Croatian Army military action “Storm” which started on 4 August 1995, the vast majority of the Serbian paramilitary forces fled Croatia, firstly to Bosnia and then to Serbia in some cases. 13. In 1996 the United Nations Security Council established the United Nations Transitional Administration in Eastern Slavonia, Baranja and Western Sirmium (the “UNTAES”). On 15 January 1998 the UNTAES mandate ceased and the transfer of power to the Croatian authorities began. 14. On 19 March 1996 the second applicant handed the police a letter sent to her by her relative D.P. 15. In 2001 the police interviewed the second applicant. 16. On 23 August 2001 the Service for the Protection of the Constitutional Order (Služba za zaštitu ustavnog poretka) sent a report to the Ministry of Justice and the Gospić County State Attorney’s Office on the killing of the applicants’ parents and grandmother, allegedly by members of the Serbian paramilitary forces. The report stated that the only survivors who had any information about the killings were D.P. and J.P., who both lived in Canada. A letter of 19 March 1996, drafted by D.P., was also enclosed, as well as a letter drafted by D.P. and his father J.P. on an unspecified date and sent to the Service for the Protection of the Constitutional Order. D.P. alleged that on 16 October 1991 a group of members of the Serbian paramilitary forces from Široka Kula had come to their village, Bukovac, and killed several people. He named D.L., M.Su., M.O., D.V., M.Se., Bo.K., Da.M., N.M., Du.M., Br.K., Ma.U., S.G., Mi.U. and T.G. as those personally known to him. He openly named commanders of various formations of these forces as: P.R., M.O., S.Č. or Ɖ., Mi.Se. and M.K. The only survivors had been himself and his parents. They had been taken from Bukovac to a prison in Korenica. His mother had died in the meantime while he and his father J.P. had emigrated to Canada after the war. 17. On 1 October 2001 the Gospić County State Attorney’s Office lodged a request for an investigation with the Gospić County Court and asked that D.P. and J.P. be heard as witnesses. 18. On 15 January 2004 the police interviewed S.Ɖ. and D.S., former members of the Serbian paramilitary forces, in the Zagreb Prison Hospital. S.Ɖ. said that a formation of Serbian paramilitary forces under the command of Mi.S. and D.L. had carried out “actions”, inter alia, in the area of Bukovac. He named several members of that formation. D.S. described various actions in which members of Serbian paramilitary forces had killed civilians in Croatian villages in the broader area of Široka Kula and Lički Osik, including Bukovac, but had no information about the killing of the applicants’ relatives. 19. On 23 January 2004 the police interviewed B.Č., also a former member of the Serbian paramilitary forces, who described various actions in which members of Serbian paramilitary forces had killed civilians in Croatian villages in the broader area of Široka Kula and Lički Osik, including Bukovac, but had no information about the killing of the applicants’ relatives. 20. On 2 May 2006 an investigating judge of the Gospić County Court asked the Gospić County State Attorney’s Office whether they still insisted on interviews with D.P. and J.P. since their address was “uncertain”. On 29 June 2006 the investigating judge asked the Gospić Counter-Information Service for the address of D.P. and J.P. On 9 August 2006 the Centre provided the investigating judge with the address of D.P. and J.P. in Canada. 21. On 16 September 2008 the Department for War Crimes of the Ministry of the Interior sent a detailed report about the possible suspects to the Ličko-senjska Police Department. 22. On 16 July 2010 the Gospić County State Attorney’s Office sent a report to the State Attorney’s Office on the killing of seven civilians in Bukovac in 1991. The Gospić County Court had informed them that the Canadian Ministry of Justice had invited D.P. and J.P. on three occasions to give their statements, which they had refused to do with the explanation that they had already given their statements in writing. They had almost certainly been referring to a letter to their relatives in Croatia and the one sent to the Service for the Protection of the Constitutional Order. 23. On 14 September 2010 an investigating judge of the Gospić County Court heard evidence from M.Ć., who confirmed that members of the Serbian paramilitary forces had captured D.P. in 1991. As to the killing of the seven persons in Bukovac, he had heard about that from one I.K., who had died in the meantime. 24. On 24 October 2011 the police interviewed M.P., I.J. and P.J. M.P. had no relevant information about the killing of the civilians in Bukovac. I.J. and P.J. repeated their earlier statements (see paragraph 10 above). 25. On 25 October 2011 the police again interviewed I.P., who repeated his statement of 11 September 1992 (see paragraph 9 above). On the same day the police also interviewed N.P., a neighbour of I.P., who admitted that B.G. and Č.B. had visited him in 1991 but said that they had not mentioned the killing of civilians in Bukovac. 26. On 26 October 2011 the police noted that in March 2011 B.G. and Č.B. had been convicted of war crimes in connection with the killing of R.’s family in Lički Osik, Croatia, and sentenced to twelve years’ imprisonment by a court in Belgrade. 27. In 2011 the police interviewed the second applicant again. 28. On 20 January 2011 the police interviewed D.M., one of the Croatian soldiers who had found the bodies in Bukovac. He had no relevant information about the killing of the civilians in Bukovac. 29. On 21 January 2011 the police interviewed B.Č., a former member of the Serbian paramilitary forces. He repeated his earlier statement (see paragraph 19 above). 30. On 22 August 2011 the Belgrade Interpol Office informed the Zagreb Interpol Office that one of the suspects, D.V., had been placed in pre-trial detention in connection with a different set of criminal proceedings. He had in the meantime become a Serbian citizen. 31. On 2 February 2012 the Ličko-senjska Police Department sent a report to the Karlovac County State Attorney’s Office informing it that two of the persons mentioned in D.P.’s letter (see paragraph 14 above), namely D.L. and M.S., had died. A report drawn up by M.Š., a member of the Serbian paramilitary forces was enclosed. It stated that on 16 October 1991 “they had killed seven people”. A list of the members of the paramilitary forces from the Teslingrad area was also enclosed. 32. On 21 September 2012 the Rijeka County State Attorney’s Office sent a criminal complaint against B.G. and Č.B. to the Serbian Prosecutor for War Crimes and asked him for the address of another suspect, M.Š., indicating that he should be questioned about the report he had allegedly drawn up on the events of 16 October 1991 in Bukovac. 33. On 28 January 2013 the Rijeka County State Attorney’s Office forwarded a report on the interviews with B.G., Č.B. and M.Š., carried out by the Serbian authorities, to the Ličko-senjska Police Department. They denied any involvement in the killing of the applicants’ relatives. 34. Between 21 February and 5 March 2013 the Ličko-senjska Police Department interviewed P.J., I.J., D.P., M.P., I.P. and N.P., M.P. and D.P. had no relevant information about the killing of the applicants’ relatives. The others repeated their earlier statements. 35. On 27 February and 8 March 2013 the Ličko-senjska Police Department sent a report to the Rijeka County State Attorney’s Office listing the suspected perpetrators of the killings in Bukovac on 16 October 1991. Four of them had died, fourteen had moved to Serbia, three to the United States and in respect of two of them there was no relevant information. 36. On 15 March 2013 the Rijeka County State Attorney’s Office sent the report of 8 March 2013 to the Serbian Prosecutor for War Crimes and asked him to interview the suspects living in Serbia. 37. In April 2013 the police learned that one of the suspects, I.S., had died.