Resolution CM/ ResDH (2018)78 Execution of the judgments of the European Court of Human Rights Seven 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

29759/04

MĂCINKOVIĆ

07/12/2006

07/03/2007

9505/03

MAHMUTOVIĆ

15/02/2007

15/05/2007

49916/07

MEDIĆ

26/03/2009

26/06/2009

39299/02

MUŽEVIĆ

16/11/2006

16/02/2007

16553/08

PRAUNSPERGER

22/07/2010

14898/04

Å AMIJA

07/12/2006

07/03/2007

39659/04

ŠOŠTARIĆ

12/04/2007

12/07/2007

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 enforcement proceedings 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 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 document DH-DD(2014)476 );

Considering that the question of individual measures is 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 these judgments is being examined within the framework of the Kvartuč group of cases (Application No. 4899/02) 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.