Resolution CM/ ResDH (2009)21 [1]

Execution of the judgments of the European Court of Human Rights

in 7 cases against Croatia concerning the lack of access to a court in civil proceedings stayed automatically by provisions of law

(see details of the cases in Appendix)

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 judgments transmitted by the Court to the Committee once they had become final;

Recalling that the violation of the Convention found by the Court in these cases concerns the lack of access to a court due to legislation staying all civil proceedings relating to claims for damage in respect of terrorist acts or caused by the members of the Croatian army or police in the context of the Homeland War in Croatia (violation of Art. 6, paragraph 1) (see details in Appendix);

Having invited the government of the respondent state to inform the Committee of the mea s ures taken in order to comply with Croatia’s obligation under Article 46, paragraph 1, of the Conve n tion to abide by the judgments;

Having examined the information provided by the government in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention (see appendix);

Having satisfied itself that the respondent state paid the a p plicants the just satisfaction provided in the judgments (see details in Appendix),

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 erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- general measures preventing, similar violations;

DECLARES, having examined the measures taken by the respondent state (see Appendix), that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination of these cases.

Appendix to Resolution CM/ ResDH (2009)21

Information about the measures to comply with the judgments in 7 cases against Croatia concerning the lack of access to a court in civil proceedings stayed automatically by provisions of law

Introductory case summary

These cases concern the violations of the applicants’ right of access to a court to obtain a determination of their civil claims filed between 1993 and 1999 for damage caused in the context of the Homeland War in Croatia (1992-1995). In 1996 and 1999, before the adoption of a final court decision at national level, legislation was adopted ordering all proceedings of this kind to be stayed until new provisions were enacted to regulate the matter. The new legislation, which provides for the resumption of stayed proceedings, was only adopted by the Croatian Parliament in 2003 (violations of Article 6§1).

I. Payments of just satisfaction and individual measures

a) Details of just satisfaction

Name and application number

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

Dražić (11044/03), judgment of 06/10/2005, final on 06/01/2006

-

12,000 EUR

-

12,000 EUR

Paid on 06/02/2006

Krivokuća (38770/02), judgment of 23/03/2006, final on 23/06/2006

-

4,000 EUR

-

4,000 EUR

Paid on 02/08/2006

Marinović (24951/02), judgment of 22/09/2005, final on 22/12/2005

-

4,000 EUR

-

4 000 EUR

Paid on 06/02/2006

Mežnarić No. 2 (10955/03), judgment of 06/10/2005, final on 06/01/2006

-

4,000 EUR

-

4,000 EUR

Paid on 15/02/2006

Papuk Trgovina d.d. (2708/03), judgment of 06/10/2005, final on 06/01/2006

-

4,000 EUR

-

4,000 EUR

Paid on 06/02/2006

Subašić (18322/03), judgment of 01/12/2005, final on 01/03/2006

-

4,000 EUR

-

4,000 EUR

Paid on 07/04/2006

Tomašić (21753/02), judgment of 19/10/2006, final on 19/01/2007

-

1,200 EUR

60 EUR

1,260 EUR

Paid on 08/05/2007

b) Individual measures

In all these cases, the proceedings instituted by the applicants were resumed between 2003 and 2005. The Croatian authorities have also indicated in the framework of the examination of the Kutić case (judgment of 1/03/2002, Resolution ResDH(2006)3) that the Ministry of Justice had invited the competent courts to display special diligence while examining these cases, in order to ensure, if appropriate, their acceleration.

II. General measures

The government recalled that measures had already been taken to avoid new violations of the same kind as those found in these cases, these measures being presented in Resolution ResDH (2006)3 (in particular the legislative measures adopted in July 2003 providing for the resumption of the stayed proceedings and the development in the Constitutional Court’s case-law creating a new domestic remedy for alleged violations of the right of access to a court).

Moreover, the government considers that the direct effect of the case-law of the European Court of Human Rights, recognised by domestic courts, will prevent new violations in future similar to that found in the present cases by ensuring that the law is interpreted in conformity with the requirements of the Convention. With a view to facilitating this development, the authorities published the judgment of the European Court of Human Rights in the case of Tomašić in Croatian, on the Internet site of the Ministry of Justice ( www.provosudje.hr ) and in the “ Review of the Case Law of the European Court of Human Rights” . This judgment was also sent out to the courts directly concerned, as well as to the Constitutional Court and to the Supreme Court.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicants of the violations of the Convention found by the European Court of Human Rights in these cases, that these measures will prevent new, similar violations and that Croatia has thus complied with its obligations under Article 46 paragraph 1 of the Convention.

[1] Adopted by the Committee of Ministers on 9 January 2009 at the 1043rd meeting of the Ministers’ Deputies