FIRST SECTION

DECISION

Application no. 27888/15 Dragica OREÅ ÄŒANIN and O thers against Croatia

The European Court of Human Rights (First Section), sitting on 24 March 2020 as a Committee composed of:

Krzysztof Wojtyczek, President, Pere Pastor Vilanova, Pauliine Koskelo, judges, and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 3 June 2015,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

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

The applicants complained about the lack of an effective investigation into the death of their relative under Article 2 of the Convention and about the lack of access to a court in the civil proceedings against the State for damages under Article 6 of the Convention.

On 3 December 2019 and 7 February 2020 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government:

(1) to pay ex gratia to Dragica Oreščanin , to Snježana Mamula and to Jasminka Novak EUR 26,000 (twenty six thousand euros) jointly to cover any and all non-pecuniary damage, plus any tax that may be chargeable to them;

(2) to pay ex gratia to Jasminka Novak EUR 399 (three hundred ninety nine euros), that is, the amount thus far seized from her on account of the costs-of-proceedings debt established by the judgment of the Zagreb Municipal Civil Court no. Pn-3063/03 of 17 February 2010, to cover any and all pecuniary damage, plus any tax that may be chargeable to her;

(3) to write-off, within three months from the date of notification of the decision taken by the Court to strike the case out of its list of cases, the remainder of Snježana Mamula ’ s and Jasminka Novak ’ s outstanding costs ‑ of-proceedings debt established by the judgment of the Zagreb Municipal Civil Court no. Pn-3063/03 of 17 February 2010;

(4) to pay ex gratia to Dragica Oreščanin , to Snježana Mamula and to Jasminka Novak EUR 6,000 (six thousand euros) jointly to cover any and all costs and expenses regarding their legal representation in the proceedings before the domestic courts and before the Court, plus any tax that may be chargeable to them.

These sums will be converted into Croatian kuna at the rate applicable on the date of payment, and 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 these sums within the said three-month period, the Government undertook to pay simple interest on them, 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 undertaking of the above actions 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 28 May 2020 .

Renata Degener Krzysztof Wojtyczek Deputy Registrar President

Appendix

No.

Applicant ’ s Name

Nationality

Place of residence

1Dragica OREÅ ÄŒANIN

Croatian

Karlovac

2Snježana MAMULA

Croatian

Karlovac

3Jasminka NOVAK

Croatian

Karlovac