Resolution CM/ ResDH (2012)15 [1]

Execution of the judgment of the European Court of Human Rights

Bernobić against Croatia

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”) [2] ,

Having regard to the judgment transmitted by the Court to the Committee once it became final;

Case name (App. No.)

Judgment of

Final on

Bernobić (57180/09)

21/06/2011

21/09/2011

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent state, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;

Having invited the authorities of the respondent state to provide an action plan concerning the measures proposed to execute the judgment;

Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report provided by the government (see action plan, document DH ‑ DD(2012)130 );

Having noted that the respondent state paid the a p plicant the just satisfaction, as provided in the judgment;

DECLARES, that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination thereof.

ACTION REPORT

BERNOBIĆ V. CROATIA, APPLICATION NO.:57180/09 JUDGMENT OF 21/06/2011 FINAL ON: 21/09/2011

In its judgment in the Bernobić case the ECtHR found a violation of Article 5 § 4 of the Convention, due to the failure of the Constitutional Court to speedily decide on the lawfulness of the applicant’s detention.

The facts of this case and the findings of the ECtHR are identical to those in the cases of Peša v. Croatia, Hađi v. Croatia and Getoš-Magdić v. Croatia for which the Committee of Ministers adopted the final Resolution CM/ ResDH (2011)195 at its 1128 DH Meeting and closed the examination of the cases.

INDIVIDUAL MEASURES

Considering the nature of the violation found in this case and relevant facts of the case, no special individual measures are necessary in the execution process.

GENERAL MEASURES

The judgment has been translated into Croatian language and disseminated to all relevant authorities – the Constitutional Court of RoC , the Supreme Court, the County Court in Zagreb and the Ministry of Justice.

Regarding other general measures, since the facts of the cases are identical, the Government would like to refer to the action reports in the cases of Peša v. Croatia, Hađi v. Croatia and Getoš-Magdić v. Croatia and the Resolution CM/ ResDH (2011)195 adopted at the 1128 DH meeting by which the examination of Peša , Hađi and Getoš-Magdić cases was closed.

JUST SATISFACTION

Just satisfaction awarded to the applicant has been paid on October 27, 2011, and payment information on a prescribed form delivered to the Executions’ department on November 7, 2011.

CONCLUSION

The Government deems that all necessary measures for the execution of the judgment in this case have been taken, and therefore proposes to the Committee of Ministers the closure of the execution supervision procedure, and the adoption of a final resolution (Article 46 paragraph 2 of the Convention in relation to Rule 17 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements).

[1] Adopted by the Committee of Ministers on 8 March 2012 at the 11 36 th Meeting of the Ministers’ Deputies .

[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec (2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.