SOLAR v. CROATIA
Doc ref: 80898/12 • ECHR ID: 001-147922
Document date: October 7, 2014
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FIRST SECTION
DECISION
Application no . 80898/12 Vjera SOLAR against Croatia
The European Court of Human Rights ( First Section ), sitting on 7 October 2014 as a Committee composed of:
Mirjana Lazarova Trajkovska , President, Linos-Alexandre Sicilianos , Ksenija Turković , judges, and S ø ren Prebensen , Acting Deputy Section Registrar ,
Having regard to the above application lodged on 7 December 2012 ,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Ms Vjera Solar , is a Croatian national, who was born in 1939 and lives in Sisak She was represented before the Court by Ms B. Tadić , a lawyer 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 2 and 14 of the Convention about the inefficiencies in the investigation into the killing of her daughter. She further complained under Article 3 of the Convention that the killing of her daughter in 1991 caused her suffering as well as under Article 13 of the Convention that she had no effective remedy for her Convention complaints.
On 20 June and 4 July 2014 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 20,000 euros to cover any non-pecuniary damage and 4,000 euros to cover any 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 . 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.
Søren Prebensen Mirjana Lazarova Trajkovska Acting Deputy Registrar President