FIRST SECTION

DECISION

Application no . 37777/12 Elizabeta SCHUBERT TEPŠIĆ and others against Croatia

The European Court of Human Rights ( First Section ), sitting on 12 November 2013 as a Committee composed of:

Elisabeth Steiner, President, Mirjana Lazarova Trajkovska, Ksenija Turković, judges, and André Wampach , Deputy Section Registrar ,

Having regard to the above application lodged on 29 May 2012 ,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

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

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

3 . The applicants complained under the substantive and procedural aspects of Article 2 of the Convention, about the killing of A.T. in 1991 , and about the lack of an effective investigation in that connection. They also complain ed under Article 5 that the arrest of their close relative had been illegal and that there had been no effective investigation into the circumstances of his arrest. They complain ed that A.T. had been arrested and killed solely because of his Serbian origin and that, contrary to their procedural obligations under Article 14 of the Convention, the relevant authorities ha d failed to investigate the possibility of such a motive for his arrest and death. Lastly, they complain ed under Article 13 of the Convention that they have no effective domestic remedy at their disposal by which to submit their Convention complaints.

4. On 30 July and 27 September 2013 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 to pay them 35,000 euros to cover any 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 . 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.

André Wampach Elisabeth Steiner Deputy Registrar President

Appendix