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Strasbourg – The European Court of Human Rights in Strasbourg rejected as unacceptable the tube against the state of Serbia, which was presented in 2012 by the parents of the murdered guard.
Source: Tanjug
Guard Dragan Jakovljevi was killed, along with Guard Draen Milovanovi, at Topider barracks on October 5, 2004.
The Jakovljevs filed a 2008 acquittal lawsuit in criminal proceedings against former military judge Vuk Tufegdi, who conducted the first investigation into the guards’ deaths, because he publicly damaged the reputation and honor of their murdered son.
The decision, which was published today on the website of the European Court, establishes that the claim was dismissed because all domestic remedies have not been exhausted, that is, because, in addition to the criminal proceedings and before the Constitutional Court, that no prospered, Jakovljevi was able to initiate civil proceedings. for damages for injury to father and reputation.
“The court considers that the applicant should have filed a civil action under the Obligations Law,” the decision reads, adding that according to court rules, the claim should be dismissed for non-exhaustion of resources internal.
The decision was made by a seven-member council unanimously.
In a statement to Tanjug, the family’s lawyer Predrag Savi, Jakovlje’s lawyer, announced an appeal against this decision before the Grand Chamber of the European Court.
However, he believes that it is good that the European Court has agreed to rule in this case, because it has not done so before in similar cases.
The Jakovljevics sued the state in the European Court in 2012 over a final ruling by the then Belgrade District Court that acquitted former military examining magistrate Vuk Tufegd of charges of settling personal and family matters and that his public statements damaged his reputation on honor of his murdered son.
They believe that the court’s decision violated their rights guaranteed by the European Convention on Human Rights: a fair trial by an independent court, as well as an effective investigation into the right to life.
Former judge Tufegdi conducted a military investigation after the guards were killed.
He claimed that they killed each other, but later reports established that they had been killed by a third person, which is still unknown.
Lawyers for the families of both guards, Jakovljev and Milovanovic, filed a petition with the European Court of Human Rights this winter, complaining to the state about the non-execution of the 2013 Serbian Constitutional Court decision on the part related to implementation. . investigations into his murder.
The investigation has been ongoing for a full 16 years and is still being carried out against unidentified individuals.
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