FIRST SECTION

DECISION

Application no . 28571/16 Ivica MIRIĆ against Croatia

The European Court of Human Rights (First Section), sitting on 12 December 2017 as a Committee composed of:

Kristina Pardalos, President, Ksenija Turković, Pauliine Koskelo, judges,

and Renata Degener, Deputy Section Registrar ,

Having regard to the above application lodged on 17 May 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 Mirić, is a Croatian national, who was born in 1955 and lives in Sisak. He was represented before the Court by Mr Domagoj Rupčić, a lawyer practising in Sisak.

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

The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings in the part before the Constitutional Court.

On 9 May and 25 September 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 3,000 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, and will be free of any taxes that may be applicable. 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 11 January 2018 .

             Renata Degener Kristina Pardalos              Deputy Registrar President