SECOND SECTION

DECISION

Application no . 18572/12 J. against Croatia

The European Court of Human Rights ( Second Section ), sitting on 1 March 2016 as a Committee composed of:

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

and Abel Campos , Deputy Section Registrar ,

Having regard to the above application lodged on 8 February 2012 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The applicant is a Croatian national, who was born in 1976 and lives in Zagreb. The President granted the applicant ’ s request for her identity not to be disclosed to the public (Rule 47 § 4). She was represented before the Court by Mr S. Šakić and Ms I. Radacic , lawyers practising in Zagreb .

The Croatian Government (“the Government”) were represented by their Agent, M s Å . Sta ž nik .

The applicant complained under Article s 3 and 8 of the Convention about the adverse effects of the ineffective criminal proceedings into her allegations of rape on her private life .

On 30 November 2015 and 8 January 2016 and 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 her 15,670 euros to cover any pecuniary and non-pecuniary damage as well as costs and expenses, which will 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 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 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 24 March 2016 .

Abel Campos Jon Fridrik Kjølbro              Deputy Registrar President