FIRST SECTION

DECISION

Application no. 4009/05 by Goran MARKOTA against Croatia

The European Court of Human Rights (First Section), sitting on 21 June 2007 as a Chamber composed of:

Mr C.L. Rozakis , President , Mr L. Loucaides , Mrs N. Vajić , Mr A. Kovler , Mr K. Hajiyev , Mr D. Spielmann , Mr S.E. Jebens, judges , and Mr S. Nielsen , Section Registrar ,

Having regard to the above application lodged on 2 January 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 4 January 2007 ,

Having deliberated, decides as follows:

THE FACTS

The applicant, Mr Goran Markota, is a Croatian citizen who was born in 1976 and lives in Sisak. He was represented before the Court by Mr E. Fridrih, a lawyer practising in Sisak. The Croatian Government (“the Government”) were represented by their Agent, Mr s Š. Stažnik.

The facts of the case, as submitted by the parties, may be summarised as follows.

After on 29 October 1997 the Sisak State Attorney Office dropped the charges against the applicant, consisting of causing grievous bodily harm to a third person, the victim, a certain M.K., took over the proceedings.

On 11 January 2000 the Sisak Municipal Court found the applicant guilty and sentenced him to two months ’ imprisonment. The applicant ’ s subsequent appeal was dismissed by the Sisak County Court on 4 July 2000, while the prosecution for the offence with which the applicant was charged became time-barred on 21 July 2000. The appellate judgment was served on the applicant ’ s counsel on 12 March 2002.

The applicant ’ s constitutional complaint was dismissed by the Constitutional Court on 9 June 2004.

COMPLAINTS

The applicant complained under Article 6 § 1 of the Convention about the length and the fairness of the criminal proceedings brought against him. He pointed out, firstly, that when the appellate court ’ s judgment had been sent out by that court, prosecution for the offence with which he had been charged had already become time-barred due to the delays caused in sending out the judgment and that therefore the appellate court should have rejected the charge against him. He further claimed that the Constitutional Court ’ s complete failure to address his submissions concerning the above issue in its decision was incompatible with the principle of a fair trial.

THE LAW

By letter of 11 May 2007 the Government informed the Court that they accepted the proposal for a friendly settlement and that the Government would pay the applicant 3,500 euros in full and final settlement of his claim under the Convention, costs and expenses included.

By letter of 28 May 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