FIRST SECTION

DECISION

Application no. 32423/19 Darijo MIKIĆ against Croatia

The European Court of Human Rights (First Section), sitting on 29 September 2020 as a Committee composed of:

Pere Pastor Vilanova, President, Jovan Ilievski , Raffaele Sabato , judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 13 June 2019,

Having regard to the declaration submitted by the Government requesting the Court to strike the application out of the list of cases, and the applicant ’ s reply to this declaration,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant, Mr Darijo Mikić , is a Croatian national who was born in 1976 and lives in Zagreb. He was represented before the Court by Ms M.P. Frlan , a lawyer practising in Zagreb.

The Croatian Government (“the Government”) were represented by their Agent, Ms S. Stažnik .

The applicant complained, under Article 5 § 3 of the Convention, about the excessive length of his pre-trial detention.

By a letter dated 6 July 2020 the Government informed the Court that they proposed to make a unilateral declaration with a view to resolving the issue raised by this application. They acknowledged that there had been a violation of the applicant ’ s right under Article 5 § 3 of the Convention. They offered to pay to the applicant the amount of EUR 4,257, to cover any and all non-pecuniary damage as well as costs and expenses, plus any tax that may be chargeable to him. This sum would be converted into Croatian kuna at the rate applicable on the date of payment, and would be payable within three months from the date of notification of the decision 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.

On 20 July 2020 the applicant informed the Court that he agreed to the terms of the Government ’ s declaration.

THE LAW

The Court considers that, following the applicant ’ s express agreement to the terms of the declaration made by the Government, the case should be treated as a friendly settlement between the parties.

The Court therefore 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 22 October 2020 .

Renata Degener Pere Pastor Vilanova Deputy Registrar President