SECOND SECTION
DECISION
Application no. 53925/21
Nada MAGAZIN
against Croatia
(see appended table)
The European Court of Human Rights (Second Section), sitting on 2 February 2023 as a Committee composed of:
Frédéric Krenc, President,
Diana Sârcu,
Davor Derenčinović, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 30 October 2021,
Having regard to the observations submitted by the respondent Government,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Croatian Government (“the Government”).
THE LAW
In the present application, having examined all the material before it, the Court considers, in the light of the criteria established in its case-law on the question of “reasonable time” (the complexity of the case, the applicant’s conduct and that of the competent authorities), that for the reasons stated below, the respondent Government cannot be held liable for the length of the civil proceedings instituted by the applicant.
On 29 November 2016 the first-instance court ordered that the applicant be placed in a pre-trial detention with a view to securing her presence at the trial because in the period between 14 April 2015 and 29 November 2016 she had, by various means, avoided to be served with the court’s summons. The length of the proceedings in that period is thus entirely attributable to the applicant.
The proceedings in the remaining part lasted, in total, some five years before three instances, which cannot be considered excessive.
In view of the above, the Court finds that the application is manifestly ill‑founded and that it must be rejected in accordance with Article 35 §§ 3 and 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 2 March 2023.
Viktoriya Maradudina Frédéric Krenc
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of civil proceedings)
Application no.
Date of introduction
Applicant’s name
Year of birth
Relevant starting date
End of proceedings
Total length
Levels of jurisdiction
Domestic court / file number
53925/21
30/10/2021
Nada MAGAZIN
1972
16/11/2014
13/05/2021
6 years, 5 months and 28 days
3 levels of jurisdiction
Split Municipal Court, no. K-1873/11