Resolution CM/ResDH(2021)284
Execution of the judgments of the European Court of Human Rights
Two cases against Croatia
(Adopted by the Committee of Ministers on 3 November 2021
at the 1416th meeting of the Ministers’ Deputies)
Application No.
Case
Judgment of
Final on
22688/09
JAĆIMOVIĆ
31/10/2013
24/03/2014
39701/14
T.G.
11/07/2017
11/10/2017
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),
Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations of the applicants’ right to a fair trial established on account of the failure of the administrative authorities and domestic courts to address properly the applicant’s arguments (in Jaćimović) or to ensure a fair assessment of the evidence included in the police reports which was not disclosed to the applicant due to confidentiality restrictions (in T.G.) (violations of Article 6, paragraph 1);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report provided by the government indicating the measures adopted to give effect to the judgments, including the information provided including the payment of the just satisfaction awarded by the Court in the T.G case (see document DH-DD(2021)945);
Noting further that other issues in administrative proceedings with respect to the violation of Article 6 due to procedural shortcomings concerning a litigant’s exclusion from the process of commissioning and obtaining expert reports continue to be examined within the context of the Letinčić case and that the closure of these cases in no way prejudges the Committee’s evaluation of the remaining general measures in relation to the aforementioned issue;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.