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• Europäischer Gerichtshof für Menschenrechte

  BALJAK AND OTHERS v. CROATIA

  Remainder inadmissible (Art. 35) Admissibility criteria;(Art. 35-1) Exhaustion of domestic remedies;Violation of Article 6 - Right to a fair trial (Article 6 - Civil proceedings;Article 6-1 - Fair hearing);Non-pecuniary damage - award (Article 41 - Non-pecuniary ...

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• Europäischer Gerichtshof für Menschenrechte (Verfahrensmitteilung)

  BALJAK AND OTHERS v. CROATIA

  Art. 1, Art. 6 Abs. 1Protokoll Nr. 1 Art. 1 MRK
  [ENG]

Wird zitiert von ... (2)Neu Zitiert selbst (6)

• EGMR, 21.01.2021 - 54916/16

  TRIVKANOVIC v. CROATIA (No. 2)

  Auszug aus EGMR, 25.11.2021 - 41295/19

  Further relevant Supreme Court case-law is cited in Trivkanovic v. Croatia (no. 2), no. 54916/16, §§ 31-32, 21 January 2021).

  That case-law is not without significance in the present case in the context of the applicants" complaint under Article 6 of the Convention (compare Trivkanovic v. Croatia (no. 2), no. 54916/16, § 79, 21 January 2021).

• EGMR, 27.06.2000 - 21986/93

  Verursachung des Todes eines Gefangenen in türkischer Haft - Umfang der …

  Auszug aus EGMR, 25.11.2021 - 41295/19

  The Court has held that in such situations the burden of proof may be regarded as resting on the authorities to provide a satisfactory and convincing explanation (see, for example, Varnava and Others v. Turkey [GC], nos. 16064/90 and 8 others, §§ 173-84, ECHR 2009, and Salman v. Turkey [GC], no. 21986/93, § 100, ECHR 2000-VII).
• EGMR, 13.06.2000 - 23531/94

  TIMURTAS c. TURQUIE

  Auszug aus EGMR, 25.11.2021 - 41295/19

  Such findings were made in response to arguments made by the respondent Government that such persons were still alive or had not been shown to have died at the hands of State agents (see, among many other authorities, Timurtas v. Turkey, no. 23531/94, § 86, ECHR 2000-VI, and Aslakhanova and Others v. Russia, nos. 2944/06 and 4 others, § 100, 18 December 2012).

 
• EGMR, 18.12.2012 - 2944/06

  ASLAKHANOVA AND OTHERS v. RUSSIA

  Auszug aus EGMR, 25.11.2021 - 41295/19

  Such findings were made in response to arguments made by the respondent Government that such persons were still alive or had not been shown to have died at the hands of State agents (see, among many other authorities, Timurtas v. Turkey, no. 23531/94, § 86, ECHR 2000-VI, and Aslakhanova and Others v. Russia, nos. 2944/06 and 4 others, § 100, 18 December 2012).
• EGMR, 05.02.2015 - 22251/08

  BOCHAN v. UKRAINE (No. 2)

  Auszug aus EGMR, 25.11.2021 - 41295/19

  It should not act as a court of fourth instance and will not therefore question under Article 6 § 1 the judgment of the national courts, unless their findings can be regarded as arbitrary or manifestly unreasonable (see, for example, Bochan v. Ukraine (no. 2) [GC], no. 22251/08, § 61, ECHR).
• EGMR, 15.11.2007 - 72118/01

  KHAMIDOV v. RUSSIA

  Auszug aus EGMR, 25.11.2021 - 41295/19

  The Court reiterates that it is not its task to take the place of the domestic courts, which are in the best position to assess the evidence before them, establish facts and interpret domestic law (see, for example, Khamidov v. Russia, no. 72118/01, § 170, 15 November 2007).

• EGMR, 28.04.2022 - 78836/16

  BURSAC AND OTHERS v. CROATIA

  In several cases against Croatia the Court has criticised the unattainable burden of proof which the civil courts imposed on plaintiffs seeking compensation for wartime damage (see Trivkanovic v. Croatia (no. 2), no. 54916/16, § 81, 21 January 2021, and Baljak and Others v. Croatia, no. 41295/19, § 41, 25 November 2021).
• EGMR, 07.02.2023 - 19544/15

  ORESCANIN v. CROATIA

  The Court further notes that it has established clear and extensive case-law concerning complaints relating to arbitrary or manifestly unreasonable domestic courts' decisions, which also includes cases brought against Croatia (see, for example, Bochan v. Ukraine (no. 2) [GC], no. 22251/08, §§ 61-65, ECHR 2015; and Baljak and Others v. Croatia, no. 41295/19, §§ 35 and 41, 25 November 2021).