Resolution ResDH(2005)32
concerning the judgments of the European Court of Human Rights (Friendly settlements)
in 20 cases against Croatia (see Appendix) relating to the right of access to court
in civil proceedings stayed automatically by a provision of law
(Adopted by the Committee of Ministers on 25 April 2005
at the 922nd meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),
Having regard to the final judgments of the European Court of Human Rights in the 20 cases listed in the Appendix to this Resolution, which were delivered on 24 June 2004, 1 July 2004, 8 July 2004, 15 July 2004, 21 October 2004, 9 December 2004, 16 December 2004 and 22 December 2004 and transmitted the same days to the Committee of Ministers under Article 46 of the Convention;
Recalling that these cases originated in applications (see Appendix) against Croatia, lodged with the European Court of Human Rights between 23 March 2001 and 4 March 2002 under Article 34 of the Convention by 25 Croatian nationals, and that the Court declared admissible the complaints concerning first, the right of access to court in civil proceedings in which a compensation for damage caused by terrorist acts was claimed and which were stayed automatically by a provision of law, and secondly the right to an effective remedy to enforce the right to court in 14 of these cases;
Whereas in its judgments concerning these cases the Court, after having taken formal note of friendly settlements reached by the government of the respondent state and the applicants, and having been satisfied that the settlements were based on respect for human rights as defined in the Convention or its Protocols, decided, unanimously, to strike these cases out of its list and took note of the parties' undertaking not to request a re-hearing of the cases before the Grand Chamber;
Whereas under the above-mentioned friendly settlements it was agreed that the Government of Croatia would pay the applicants certain sums (see Appendix), within three months as from the notification of the judgments and that simple interest at a rate equal to the marginal lending rate of the European Central Bank, plus three percentage points, should be payable from the expiry of the above-mentioned three months until settlement;
Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the President shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having satisfied itself that the government of the respondent state had paid the applicants the sums provided for in the friendly settlement and that no other measure was required in the present cases to conform to the Court's judgment;
Recalling that, as regards the applicants' complaints declared admissible in these cases, the Committee of Ministers is at present supervising the execution of certain judgments of the Court (including the judgment of 1 March 2002 in the Kutić case), finding a violation of Article 6, paragraph 1, of the Convention on account of the lack of access to court in civil proceedings stayed in accordance with amendments to the Civil Obligations Act introduced in 1996 and 1999 providing that all proceedings concerning actions for damage resulting from terrorist acts and acts of members of the Croatian army or police during the war in Croatia were to be stayed pending the enactment of new legislation on the subject. The new legislation was adopted on 14 July 2003;
Declares, after having examined the information supplied by the Government of Croatia, that it has exercised its functions under Article 46, paragraph 2, of the Convention with respect to the commitments subscribed to in these cases.
Appendix to Resolution ResDH(2005)32
Details of the sums agreed to in the friendly settlements
Case
Judgment of
Amount
Date of payment
Bačić Ljubica
3742/02
16/12/2004
6 000 euros
30/12/2004
Badovinac Nikola
9761/02
22/12/2004
6 000 euros
17/01/2005
Bašić Ivica
74309/01
08/07/2004
6 000 euros
10/09/2004
Boca Ruža
9504/02
16/12/2004
6 000 euros
29/12/2004
Bubaš Josip
15308/02
21/10/2004
6 000 euros
24/11/2004
Bulat Marija and Slaven
10438/02
21/10/2004
10 000 euros
02/12/2004
Divjak Živka and Milivoj
9520/02
16/12/2004
10 000 euros
29/12/2004
Dodoš Jovica and Darinka
9720/02
06/12/2004
10 000 euros
29/12/2004
Dorontić Borka
4938/02
15/04/2004
6 000 euros
26/08/2004
Grubišić Nikola
15112/02
21/10/2004
6 000 euros
24/11/2004
Jorgić Jovan and Milka
70446/01
24/06/2004
8 500 euros
11/08/2004
Klajić Milan
3745/02
21/10/2004
6 000 euros
24/11/2004
Kovačević Želijko
12775/02
01/07/2004
6 000 euros
20/07/2004
Kresović Ðuro
75545/01
24/06/2004
4 500 euros
06/09/2004
Lalić Špiro
9514/02
09/12/2004
6 000 euros
29/12/2004
Marković Ivan and Vladimir
4469/02
21/10/2004
10 000 euros
24/11/2004
Martić Anto
12815/02
15/07/2004
6 000 euros
28/07/2004
Miščević Marica
15312/02
16/12/2004
6 000 euros
29/12/2004
Plavšić Đorđe
13862/02
09/12/2004
6 000 euros
29/12/2004
Surla Vladimir
9704/02
16/12/2004
6 000 euros
30/12/2004
Full & Egal Universal Law Academy