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The European Court of Human Rights in Strasbourg rejected the lawsuit against the state of Serbia, which was filed in 2012 by the family of the guard Dragan Jakovljevic, who was killed together with the guard Drazen Milovanovic at the “Topcider” barracks in Belgrade, on 5 October 2004.
According to the explanation, the claim is “unacceptable because not all domestic remedies have been exhausted.” The Jakovljevic family has been indicted and tried before the Constitutional Court over a 2008 verdict by former military judge Vuk Tufegdzic, who led the first investigation. for the murder of the guards, acquitted of responsibility for “publicly violating the reputation and honor of his murdered son.”
He stated that it was a conflict between two guards who shot each other and thus suffered, while later expert reports determined that they were killed by a third person, whose identity and motives are still unknown.
The Jakovljevic family considered that their right to a fair trial and an effective investigation of their right to life, guaranteed by the European Convention on Human Rights, had been violated, for which they filed a lawsuit against Strasbourg.
However, they did not initiate compensation litigation due to the violation of the chat and reputation, which was at their disposal, which is why the lawsuit was valued as “unacceptable”.
“The Court considers that the plaintiff should have brought a civil action under the Law of Obligations,” says the decision, which was adopted unanimously by a panel of seven judges of the European Court of Human Rights.
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