FIRST SECTION
DECISION
Application no. 5058/12
Jelica PAIĆ and others
against Croatia
The European Court of Human Rights (First Section), sitting on 12 November 2013 as a Committee composed of:
Elisabeth Steiner, President,
Mirjana Lazarova Trajkovska,
Ksenija Turković, judges,
and André Wampach, Deputy Section Registrar,
Having regard to the above application lodged on 2 January 2012,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
1. A list of the applicants is set out in the appendix.
2. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
3. The applicants complained under Articles 2 and 13 of the Convention that the national authorities had not conducted an effective and thorough investigation into the death of their relative in 1991 and that they had no effective remedy in that respect.
4. On 13 and 27 September 2013 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 33,000 euros to cover any non-pecuniary damage as well as costs and expenses, which will be converted into Croatina 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
5. 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.
André WampachElisabeth Steiner
Deputy RegistrarPresident
Appendix
Jelica PAIĆ is a Croatian national who was born in 1962, lives in Vukovar and is represented by D. ŠTIVIĆ. Gorica ERIĆ is a Croatian national who was born in 1984, lives in Vukovar and is epresented by D. ŠTIVIĆ. Zorica KOVAČEVIĆ is a Croatian national who was born in 1982, lives in Vukovar and is represented by D. ŠTIVIĆ.
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