Resolution ResDH(2006)14
concerning the judgments of the European Court of Human Rights
in 3 cases against Croatia (see appendix)
relating to the excessive length of civil proceedings
(Adopted by the Committee of Ministers on 12 April 2006,
at the 960th meeting of the Ministers' Deputies)
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),
Having regard to the judgments of the European Court of Human Rights in the 3 cases details of which appear in the appendix to this resolution, transmitted to the Committee of Ministers once they had become final under Articles 44 and 46 of the Convention;
Recalling that the cases originated in applications against Croatia (see details in the appendix) lodged with the European Court of Human Rights under Article 34 and that the European Court of Human Rights declared admissible the applicants' complaints relating to the excessive length of certain civil proceedings;
Recalling that the European Court subsequently held in all these cases that there had been violations of Article 6, paragraph 1 of the Convention on account of the excessive length of certain civil proceedings and awarded the applicant in the Gudeljević case certain sum as just satisfaction (see appendix);
Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;
Having invited the government of the respondent state to inform it of the measures which had been taken in consequence of the European Court's judgments, having regard to Croatia's obligation under Article 46, paragraph 1, of the Convention to abide by it;
Having satisfied itself that the Government of Croatia paid the applicant in the Gudeljević case the sum awarded by the European Court as just satisfaction (see details in the appendix);
Whereas the government of the respondent state recalled that measures had already been taken to avoid new violations of the same kind as those found in these cases, these measures being in particular presented in Resolution ResDH(2005)60 (in particular amendment in 2003 of the Act on Civil Procedure, aimed at strengthening procedural discipline and simplifying civil proceedings and entry into force in 2002 of a new Article 63 of the Act on the Constitutional Court introducing a domestic remedy against the excessive length of judicial proceedings);
Declares, that after having examined the information supplied by the Government of Croatia, it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases.
Appendix to Resolution ResDH(2006)14
Details of the just satisfaction awarded to the applicants
Cases
Date of judgment
Final on
Non-pecuniary damage
Payment on
Gudeljević Marko
18431/02
31/03/2005
30/06/2005
2,400 euros[1]
24/08/2005
Jelavić-Mitrović Bozo and Jelavić-Mitrović Tomo
9591/02
13/01/2005
13/04/2005
-
-
Pitra Ljiljana
41075/02
16/06/2005
12/10/2005
-
-
[1] To be converted into the national currency at the rate applicable on the date of settlement.
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