SECOND SECTION
DECISION
Application no. 7128/21
Martina MARKULIN IVANČIĆ against Croatia
and 5 other applications
(see appended table)
The European Court of Human Rights (Second Section), sitting on 13 March 2025 as a Committee composed of:
Gediminas Sagatys, President,
Stéphane Pisani,
Juha Lavapuro, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
They were all represented by Lidija Horvat, a lawyer practising in Zagreb.
The applicants’ complaints under Article 3 of the Convention concerning the inadequate conditions of detention were communicated to the Croatian Government (“the Government”). Complaints under Article 6 § 1 of the Convention concerning access to the Constitutional Court were also communicated.
The Court received the 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 these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, 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 cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
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 the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 3 April 2025.
Viktoriya Maradudina Gediminas Sagatys
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 3 of the Convention
(inadequate conditions of detention)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Other complaints under well-established case-law
Date of receipt of the Government’s declaration
Date of receipt of the applicant’s declaration
Amount awarded for non-pecuniary damage per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
7128/21
21/01/2021
Martina MARKULIN IVANČIĆ
1979
Art. 6 (1) - denial of access to higher courts – complaint about the unforeseeable retroactive imposition of a procedural condition, which the applicant could no longer fulfil, restricting access to the Constitutional Court (see Hanževački v. Croatia, no. 49439/21,
§§ 23-41, 5 September 2023).
14/02/2025
17/10/2024
9,900
1,080
17568/21
22/03/2021
Dalibor ČULJAK
1971
Art. 6 (1) - denial of access to higher courts – complaint about the unforeseeable retroactive imposition of a procedural condition, which the applicant could no longer fulfil, restricting access to the Constitutional Court (see Hanževački v. Croatia, no. 49439/21,
§§ 23-41, 5 September 2023).
14/02/2025
18/10/2024
13,200
1,080
29637/21
02/06/2021
Dino KOVAČ
1979
Art. 6 (1) - denial of access to higher courts – complaint about the unforeseeable retroactive imposition of a procedural condition, which the applicant could no longer fulfil, restricting access to the Constitutional Court (see Hanževački v. Croatia, no. 49439/21,
§§ 23-41, 5 September 2023).
14/02/2025
18/10/2024
8,600
1,080
32206/21
15/06/2021
Marijan STIPLOŠEK
1962
Art. 6 (1) - denial of access to higher courts – complaint about the unforeseeable retroactive imposition of a procedural condition, which the applicant could no longer fulfil, restricting access to the Constitutional Court (see Hanževački v. Croatia, no. 49439/21,
§§ 23-41, 5 September 2023).
14/02/2025
18/10/2024
6,700
1,080
46715/21
14/09/2021
Davor DRČIĆ
1979
Art. 6 (1) - denial of access to higher courts – complaint about the unforeseeable retroactive imposition of a procedural condition, which the applicant could no longer fulfil, restricting access to the Constitutional Court (see Hanževački v. Croatia, no. 49439/21,
§§ 23-41, 5 September 2023).
14/02/2025
18/10/2024
1,800
1,080
58984/21
25/11/2021
Siniša DERGEZ
1974
Art. 6 (1) - denial of access to higher courts – complaint about the unforeseeable retroactive imposition of a procedural condition, which the applicant could no longer fulfil, restricting access to the Constitutional Court (see Hanževački v. Croatia, no. 49439/21,
§§ 23-41, 5 September 2023).
14/02/2025
18/10/2024
4,200
1,080
[1] Plus any tax that may be chargeable to the applicants.
[2] Plus any tax that may be chargeable to the applicants.