SECOND SECTION

DECISION

Application no . 5695/16 Momčilo GAVRIĆ against Croatia

The European Court of Human Rights (Second Section), sitting on 30 August 2016 as a Committee composed of:

Jon Fridrik Kjølbro, President, Ksenija Turković, Georges Ravarani, judges,

and Hasan Bakırcı, Deputy Section Registrar ,

Having regard to the above application lodged on 15 January 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 Momčilo Gavrić, is a Croatian national, who was born in 1954 and lives in Osijek . He was represented before the Court by Mr S. VrboÅ¡ić, a lawyer practising in Osijek. The Croatian Government (“the Government”) were represented by their Agent, Ms Å . Sta ž nik.

The applicant complained under Article 6 §§ 1 and 3 (c) of the Convention that in the criminal proceedings against him he was unable to participate at the hearing before the appeal court.

On 12 May and 10 June 2016 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 2,000 (two thousand) euros to cover any non-pecuniary damage as well as costs and expenses. This sum would be converted into Croatian Kuna, 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 pursuant to Article 37 § 1 of the European Convention on Human Rights. 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 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 22 September 2016 .

Hasan Bakırcı Jon Fridrik Kjølbro              Deputy Registrar President