Resolution CM/ ResDH (2018)76 Execution of the judgments of the European Court of Human Rights Four cases against Croatia

(Adopted by the Committee of Ministers on 15 March 2018 at the 1310 th meeting of the Ministers ’ Deputies)

Application No.

Case

Judgment of

Final on

23253/07

JOVIČIĆ

21/06/2011

21/06/2011

28074/03

SMOJE

11/01/2007

11/04/2007

35384/04

TOMLJENOVIĆ

21/06/2007

21/09/2007

15233/05

Å TOKALO AND OTHERS

16/10/2008

16/01/2009

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 violations established on account of the excessive length of proceedings before administrative courts and the lack of an effective remedy;

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 and action report provided by the government indicating the individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2011)326 and DH-DD(2014)588 );

Considering that the question of individual measures was therefore resolved, given that the domestic proceedings have been closed;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments is being examined within the framework of the Počuča group of cases, (Application No. 38550/02) and that the closure of these cases 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.