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The Jakovljevic family filed a lawsuit for the 2008 acquittal in the criminal proceedings against former military judge Vuk Tufegdzic, who led the first investigation into the guards’ deaths.
The decision, which was published today on the website of the European Court, establishes that the claim was rejected because not all domestic legal remedies were exhausted, that is, because, in addition to criminal proceedings and proceedings before the Constitutional Court, that did not prosper, the Jakovljević were able to initiate civil proceedings. for damage due to damage to parts and reputation.
“The court considers that the plaintiff should have initiated a civil action based on the Law of Obligations,” says the decision, adding that according to the rules of that court, the claim must be rejected due to non-exhaustion of domestic remedies.
The decision was made unanimously by a seven-member panel.
The lawyer announced the appeal
The lawyer for the Jakovljević family, the lawyer Predrag Savić in a statement to Tanjug announced an appeal against this decision before the Grand Chamber of the European Court.
Savic, however, believes that it is good that the European Court has agreed to decide in this case, because it has not done so before regarding similar requests.
The Jakovljević sued the state in the European Court in 2012 regarding the final decision of the then Belgrade District Court, whereby the former military examining magistrate Vuk Tufegdžić was acquitted of the charges of theft of personal and family belongings, is In other words, that his public statements violated the reputation and 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 Tufegdzic led a military investigation after the guards were killed.
He claimed that they killed each other, but later experts determined that they were killed by a third person, who is still unknown.
Last winter, lawyers for the families of both guards, Jakovljevic and Milovanovic, presented another petition to the European Court of Human Rights, complaining to the State about the non-execution of the 2013 decision of the Constitutional Court of Serbia in the part related to investigation of his murder.
The investigation has lasted a full 16 years and is still being carried out against N. Н. faces.
