Resolution CM/ ResDH ( 2021)82

Execution of the judgments of the European Court of Human Rights

Two cases against Croatia

(Adopted by the Committee of Ministers on 12 May 2021 at the 1404 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

22251/13

BAŠIĆ

25/10/2016

25/01/2017

50049/12

PARAZAJDER

01/03/2018

01/03/2018

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violation s established on account of the unlawful surveillance of the applicants, ordered by investigating judges in 2007 contrary to the relevant domestic law (violations of Article 8);

Recalling the respondent State ’ s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action plan provided by the government indicating the individual measures to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)279 );

Considering that the question of individual measures in these two cases was resolved given that only the applicant in the case of Bašić submitted a request for re-opening of the domestic criminal proceedings, rejected on 18 January 2018 by the Supreme Court, which relied on the European Court ’ s findings that the use of evidence obtained through secret surveillance did not deprive the applicant of the right to a fair trial;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the Dragojević group of cases and that the closure of these cases therefore in no way prejudges the Committee ’ s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases as regards the individual measures and

DECIDES to close the examination of these cases.