KARAN v. CROATIA
Doc ref: 21139/05 • ECHR ID: 001-82850
Document date: September 27, 2007
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FIRST SECTION
DECISION
Application no. 21139/05 by Svetozar KARAN against Croatia
The European Court of Human Rights (First Section), sitting on 27 September 2007 as a Chamber composed of:
Mr C.L. Rozakis , President , Mr L. Loucaides , Mrs N. Vajić , Mr A. Kovler , Mrs E. Steiner , Mr S.E. Jebens , Mr G. Malinverni , judges , and Mr S. Nielsen , Section Registrar ,
Having regard to the above application lodged on 29 April 2005,
Having regard to the decision to apply Article 29 § 3 of the Convention and examine the admissibility and merits of the case together.
Having regard to the formal declarations accepting a friendly settlement of the case.
Having regard to the partial decision of 7 December 2006 ,
Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicant,
Having deliberated, decides as follows:
THE FACTS
The applicant, Mr Svetozar Karan , is a Croatian national of Serbian origin who was born in 1950 and is presently serving a prison term in Lepoglava State Prison. He was represented before the Court by Mr T. Vuki čević , a lawyer practising in Split . The Croatian Government (“the Governm ent”) were represented by their Agent, Mr s Š. Stažnik .
The facts of the case, as submitted by the parties, may be summarised as follows.
On 30 October 2002 the applicant was arrested and remanded in custody and the very next day the Gospić County Court ( Županijski sud u Gospiću ) opened a criminal investigation against the applicant on suspicion of having committed war crimes against prisoners of war. The applicant was subsequently charged with two counts of war crimes.
On several occasions the domestic courts approved the applicant ’ s pre-trial detention. The courts repeatedly noted that the applicant had been charged with very serious offences carrying a sentence of over twelve years ’ imprisonment. They noted further that the manner of the applicant ’ s criminal activity exceeded the basic features of the offence in question ( osnovna obilje ž ja kaznenog djela ), both in scope and in the number of victims affected and the gravity of the injuries inflicted on them.
The applicant filed a constitutional complaint against one of the Supreme Court ’ s decision extending his detention, complaining about his detention and also arguing that the presumption of his innocence had been violated.
On 31 March 2005 the Constitutional Court ( Ustavni sud Republike Hrvatske ) dismissed the applicant ’ s complaint, finding that the lower courts had correctly applied the relevant provisions of the Criminal Procedure Act ( Zakon o kaznenom postupku ).
On an unspecified date in March 2006 the applicant was transferred to Lepoglava State Prison to serve the remainder of his prison term.
COMPLAINT
The applicant complain ed under Article 5 of the Convention that the reasons relied on by the domestic courts for extending his detention had been irrelevant and insufficient.
THE LAW
By letter of 19 June 2007 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 5,000 euros in full and final settlement of his claim under the Convention, costs and expenses included.
By letter of 21 June 2007 the applicant informed the Court that he had accepted the proposal for a friendly settlement whereby the applicant waived any further claims against Croatia in respect of the facts of the present application.
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 public policy reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention). Accordingly, Article 29 § 3 of the Convention should no longer apply to the case and it should be struck out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren Nielsen Christos Rozakis Registrar President