SECOND SECTION
DECISION
Application no. 58685/16
Ivica TOKIĆ
against Croatia
The European Court of Human Rights (Second Section), sitting on 28 March 2017 as a Committee composed of:
Jon Fridrik Kjølbro, President,
Ksenija Turković,
Georges Ravarani, judges,
and Hasan Bakırcı, Deputy Section Registrar,
Having regard to the above application lodged on 30 September 2016,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr Ivica Tokić, is a Croatian national, who was born in 1972 and lives in Zadar. He was represented before the Court by Ms I. Bosotina, a lawyer practising in Zadar.
The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
The applicant complained under Article 6 §§ 1 and 3 (c) of the Convention that he did not have a fair trial because he was not allowed to appear before an appeal panel.
On 1 and 3 February 2017 the Court received friendly settlement declarations signed by the parties under which the applicant 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 him 2,000 (two thousand) euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will be converted into Croatian kunas at the rate applicable on the date of payment, plus any tax that may be chargeable to the applicant. 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
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.
Done in English and notified in writing on 4 May 2017.
Hasan BakırcıJon Fridrik Kjølbro
Deputy RegistrarPresident
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