Krsta GIGIĆ and Milka GIGIĆ

On May 14, 2024, the European Court of Human Rights (hereinafter: the Court) issued a decision in the case, and on June 6, 2024, it announced Krsta Gigić and Milka Gigić against Serbia, number 27722/17.

It's a decisionpassed unanimouslyo three-member Board.

The subject was communicated to the Republic of Serbia ascase of influence(impact case).

THE CIRCUMSTANCES CASES

The applicants initiated civil proceedings for damages against P.G. for damaging and removing their late daughter's tombstone. The defendant was previously found guilty in the criminal proceedings for committing the crime of desecration of a grave and was given a suspended sentence.

According to the judgment of the Basic Court in Šabac, the defendantsisobliged to compensate the applicants for non-material damages for the mental pain suffered due to the removal of the memorial to their deceased daughters, to pay the amount of RSD 70,000.00 each, as well as to compensate them for the costs of the procedure.

After the defendant's appeal,The higher court in Šabac changed the first-instance verdict by rejecting the plaintiffs' claims with the explanation that compensation for non-material damages for mental pain suffered due to the removal of the tombstone "is not a form of non-material damage for which monetary compensation can be recognized according to the provisions of Article 200 of the Law on Obligations ".

The petitioners filed a constitutional appeal against the second-instance verdict to the Constitutional Court due to the violation of the right to dignity and free development of personality, the right to inviolability of physical and psychological integrity, the right to a fair trial and the freedom to perform religious ceremonies from Articles 23, 25, 32, paragraph 1 and 43 of the Constitution of the Republic of Serbia, as well as the right to respect for private and family life from Article 8 of the Convention. The Constitutional Court rejected their constitutional appeal.

COMPLAINTS OF THE APPLICANT AND THE PROCEDURE BEFORE THE COURT

The applicants submitted a petition to the Court on April 11, 2017.

In the petition, the applicants complained about violations of the right to a fair trial from Article 6, paraav 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter: the Convention), the right to respect for private and family life from Article 8 of the Convention and the right to freedom of thought, conscience and religion from Article 9 of the Convention,because the second-instance court refused to recognize their right to compensation for non-material damage.

THE DECISION THE COURT

After the parties to the proceedings signed an amicable settlement (ex gratia)by which the applicants agreed towaive any further claims against the Republic of Serbia regarding the facts that led to the filing of this petition, and the Republic of Serbia obliged to pay the applicants jointly and severally the sum of 4,500 euros (EUR) for any non-material damages, costs and expenses, and to inform the domestic courts of the conclusion of the friendly settlement in this case and to provide them with domestic court practice on the proper application of Article 200 of the Law on Obligations with regard to requests for non-material damages in similar circumstances, the Court, in accordance with Article 39 of the Convention, removed the application from its list of cases.