FIRST SECTION
DECISION
Application no. 74392/12
Duro BIBIĆ and others
against Croatia
The European Court of Human Rights (First Section), sitting on 13 January 2015 as a Committee composed of:
Mirjana Lazarova Trajkovska, President,
Paulo Pinto de Albuquerque,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 30 October 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
A list of the applicants is set out in the appendix.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicants complained under the procedural aspect of Articles 2 and 14 of the Convention about the deficiencies of the investigation into the killing of their close relative.
On 31 October and 6 November 2014 and the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay them 21,000 euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kuna at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 5 February 2015.
André WampachMirjana Lazarova Trajkovska
Deputy RegistrarPresident
Appendix
Duro BIBIĆ born on 05/05/1952 is a Croatian,Serbian nationals who was born in 1952, lives in Novi Karlovci and represented by L.ŠUŠAK Bosiljka MEMIĆ born on 24/12/1950 is a Serbian nationals who was born in 1950, lives in Aachen and represented by L.ŠUŠAK Milka STANIMIROVIĆ born on 01/01/1949 is a Serbian nationals who was born in 1949, lives in Smederevo and represented by L.ŠUŠAK
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