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The European Court of Human Rights in Strasbourg rejected the lawsuit against the state of Serbia, which was brought by the family of guard Dragan Jakovljevic, who was assassinated together with guard Drazen Milovanovic at the Belgrade “Topcider” barracks. The Jakovljević family’s lawyer, Predrag Savić, says the success is the fact that there was a discussion before the seven-member panel.
As stated in the reasoning, the claim is “unacceptable because not all domestic remedies have been exhausted.” The Jakovljevic family has been prosecuted and tried before the Constitutional Court for a 2008 verdict of the former military judge Vuk Tufegdzic, who led the first investigation into the murder of a guard, acquitted of responsibility for “publicly damaging reputation and honor of his murdered son with his statements. ”
“We presented this lawsuit, a petition, in protest against the fact that the state authorities refused to sanction the defamation of the victims by the investigating judge, their interview on Vecernji novosti, appearances on the Klopka program, the judge in that At the time, although the procedure did not start, He claimed that the commission members were looking at the X-Files, stated some false things and claimed that the members had studied for a long time and had a low average. “Tufegdzic is being punished with a warning, so they refuse. Such things should not happen in a country where the rule of law is desired. We knew we didn’t have much of a chance in Strasbourg, except to protest,” Savic explained.
As he says, the European Court has taken the position that litigation is an effective legal remedy and that due to lack of use, our request cannot be disputed.
“It is difficult to explain to them, because they apply Anglo-Saxon law, that in Serbian law there is a connection between the decision of guilt and the litigation, that olduka of guilt is binding in the litigation and that we could not win a lawsuit if we lost the guilt. We can write to a seventeen-member panel now, but that would be a precedent, “the attorney said.
However, as he said, with this case they drew attention to the fact that there is a main case, as well as that the decision of the Constitutional Court was not respected, which forced the Judiciary to carry out an investigation and find the murderers. of military.
“For the first time in history, the Constitutional Court issued a decision on the protection of the right to life, which means that family members have the right to carry out an investigation efficiently, and not to pretend. We expected that decision to materialize But all private processes are outdated, and the main investigative case is underway, we have some news regarding witnesses, “says Savić.
The government formed a commission in 2016 with the aim of solving the case, and Savić claims that the commission did nothing officially.
“I asked the MUP for some evidence and the MUP acted on those requests. A letter from the witness Sasa Reljic was recently published in the media, stating that state authorities are working on their allegations that the soldiers were killed for smuggling 1 , 5 tons of cocaine. ” They were near a secret entrance, through which it is possible to remove large amounts of goods, things, they saw something, they heard and they were killed. The first time this smuggling story came from Florence Artman, she heard that the smuggling was organized to help the defendants in The Hague, “said the lawyer.
He hopes the testimony is taken seriously.
“The witness claims that the circle around the killing of the guards is narrowing and that the case will be solved and that the state authorities are working seriously. I don’t know how well informed he is and how well intentioned he is, because there were attempts to throw us out. smoke bombs, “said Jakovljevic. .
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