Successful application to the Court in Strasburg 16 October 2010
The European Court for Human Rights in Strasburg established the violation of Article 6 of the European Convention for Human rights in the case of Tomislav Spasovski against the Republic of Macedonia.
On 10.02.2002 in the village Aracinovo Tomislav Spasovski has suffered a severe physical injury from an explosive device placed in his home and his son-in-law died on the spot due to the injuries he had suffered.
On 30.01.2004, a lawsuit has been submitted for compensation for damage against the municipality Aracinovo. On 01.06.2004 the applicant has submitted a lawsuit for compensation for damage against the Republic of Macedonia. During the course of 2004 the two procedures are merged and on 08.11.2004 verdict C. No. 338/04 and C. No. 1446/04 has been reached by the Primary Court Skopje 1 Skopje, with which the applicant’s claim is adopted and the respondent Republic of Macedonia is obligated to pay an amount determined as compensation for damage. In terms of the claim against municipality Aracinovo, it has been rejected due to a lack of passive ID.
The respondent Republic of Macedonia has submitted an appeal, and the Court of Appeal has accepted it. The Court of Appeal on 21.04.2005 reached a verdict with which it modifies the Verdict of the Primary Court only in the section regarding the ID, without getting into the damages claim and it rejects the lawsuit as unfounded because it considers that the respondent Republic of Macedonia in this case is not a passively legitimized party in the procedure.
In order to utilize the available legal remedies, on 23.08.2005 the applicant has submitted a request for protection of the lawfulness to the Attorney General of the Republic of Macedonia. On 27.10.2005 a response has been received that there is no basis for the use of this legal remedy.
After using all of the legal remedies available, an application to the European Court for Human Rights in Strasburg has been submitted through the Helsinki Committee for Human Rights.
The application referred to the violation of Article 6 paragraph 1 (right to a lawful trial) and Article 13 of the Convention (Right to an effective remedy)
On 10.06.2010 the European Court for Human Rights has reached a VERDICT with which a violation of Article 6 paragraph 1 of the Convention is established, i.e. it is established that the right of the applicant to access to a court has been violated.
The judgment can be downloaded at the following link .