Resolution CM/ ResDH (2009)31 [1]

Execution of the judgment of the European Court of Human Rights

Camasso against Croatia

(Application No. 15733/02, judgment of 13 January 2005, final on 13 April 2005)

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 judgment transmitted by the Court to the Committee once it had become final;

Recalling that the violation of the Convention found by the Court in this case concerns the excessive length of certain criminal proceedings (see details in Appendix) (Violation of Article 6, paragraph 1);

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 judgment;

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;

Having satisfied itself that, within the time-limit set, the respondent state paid the a p plicant the just satisfaction provided in the judgment (see details in Appendix),

Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded by the Court in its 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

- of 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 this case and

DECIDES to close the examination of this case.

Appendix to Resolution CM/ ResDH (2009)31

Information about the measures to comply with the judgment in the case of

Camasso against Croatia

Introductory case summary

This case concerns the excessive length of certain criminal proceedings (violation of Article 6§1). The proceedings began on 6 November 1994 and ended on 8 October 2001 (6 years and 11 months, of which 3 years and 11 months fall within the European Court ’ s jurisdiction).

I. Payment of just satisfaction and individual measures

a) Details of just satisfaction

Pecuniary damage

Non-pecuniary damage

Costs and expenses

Total

-

1 500 euros

-

1 500 euros

Paid on 14 June 2005

b) Individual measures

No individual measure is necessary since the proceedings in question are closed and the European Court has awarded just satisfaction in respect of non-pecuniary damage.

II. General measures

The Croatian authorities consider that the violation found in this case does not reveal any structural problems concerning the length of criminal proceedings. According to the statistical data provided by the authorities, the average duration in 63% of proceedings in criminal cases in Croatia is less than one year. They indicated moreover that complaints lodged with the Constitutional Court concerning the excessive length of judicial proceedings (see below) relate mainly to the length of civil proceedigs. Information was also provided on the relevant provisions of the Code of Criminal Procedure aimed at guaranteeing respect of the authorities ’ obligation to examine criminal cases within a reasonable time.

In addition, it should be recalled that European Court found on several occasions that the new Article 63 of the Act on the Constitutional Court (in force since 15/03/2002) provides an effective remedy in respect of complaints concerning excessive length of judicial proceedings (see the admissibility decisions, for example, in the cases of Slaviček (decision of 04/07/2002) and Nogolica (decision of 05/09/2002)).

In this respect, it may be noted that following the amendments to the Court ’ Act, which entered into force on 29 December 2005, courts superior to those dealing with the merits have at present competence to examine at first instance complaints against the excessive length of judicial proceedings (Articles 27 and 28 of the Court ’ s Act). Their decisions concerning such complaints may be appealed before the Supreme Court, and the decisions of the latter before the Constitutional Court .

The European Court ’ s judgment was published on the website of the Ministry of Justice www.pravosudje.hr and in an edition of the same ministry on Convention law which will be issued twice a year. The judgment was sent out to courts by the Supreme Court.

III. Conclusions of the respondent state

The government considers that the measures adopted have fully remedied the consequences for the applicant of the violation of the Convention found by the European Court in this case, 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