Resolution ResDH(2006) 16 concerning the judgment of the European Court of Human Rights of 17 November 2005 (Friendly settlement) in the case of Andrić against Croatia

(Adopted by the Committee of Ministers on 12 April 2006, at the 960th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the P rotection of Human Rights and Fundamental Freedoms (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Andri ć case delivered on 17 November 2005 and transmitted the same day to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 9707/02) against Croatia , lodged with the European Court of Human Rights on 7 February 2002 under Article 34 of the Co n vention by Mr Dragoslav Andri ć , a Croatia n national, and that the Court declared admissible the complaint concerning the lack of access to a court due to legislation of 1996 staying all civil proceedings concerning claims for damages in respect of terrorist acts committed in the context of the homeland war in Croatia ;

Whereas in its judgment of 17 November 2005 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and the applicant, and having been satisfied that the settlement was based on respect for human rights as defined in the Convention or its P rotocols, decided unanimously to strike the case out of its list and took note of the parties’ undertaking not to request a re-hearing of the case before the Grand Chamber;

Whereas under the above-mentioned friendly settlement it was agreed that the government of Croatia would pay the applicant the total sum of 6 000 euros, within three months from the date of notification of the judgment;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (old Rule 44, paragraph 2) provides that the striking-out of a case shall be effected by means of a judgment which the P resident shall forward to the Committee of Ministers once it has become final in order to allow it to supervise, in accordance with Article 46, paragraph 2, of the Convention, the execution of any undertakings which may have been attached to the discontinuance or solution of the matter;

Having regard to the Rules adopted by the Committee of Ministers concerning the application of Article 46, paragraph 2, of the Convention;

Having satisfied itself that on 6 February 2006, within time-limit agreed to under the terms of the friendly settlement, the government of the respondent state had paid the applicant the sum provided in the friendly settlement and that no other measure was required in the present case to conform to the Court’s judgment;

Whereas the government of the respondent state recalled that, after the facts of the present case, a number of measures had been taken in execution of several judgments of the Court in similar cases (see in particular the case of Kutić v. Croatia , Final Resolution ResDH(2006)3), in order to prevent new violations of Article 6, paragraph 1, due to the legislation of 1996 staying certain civil proceedings (in particular the entry into force in 2003 of new legislation which provides for the resumption of stayed proceedings and the introduction of an effective domestic remedy whereby a complaint may be made about the lack of access to a court),

Declares, after having examined the information supplied by the government of Croatia , that it has exe r cised its functions under Article 46, paragraph 2, of the Convention in this case.