Resolution ResDH(2006) 17 concerning the judgment of the European Court of Human Rights of 18 November 2004 (Friendly settlement) in the case of Kostić 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 Kosti ć case delivered on 18 November 2004 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. 69265/01) against Croatia , lodged with the European Court of Human Rights on 2 May 2001 under Article 34 of the Co n vention by Mr Miodrag Kosti ć , a Croatia n national, and that the Court declared admissible the complaint concerning the fact that for a long time the applicant had not been able to recover possession of his house, in spite of the many steps he took to obtain execution of a final court decision of 1998 ordering the occupants of the house to leave;

Whereas in its judgment of 18 November 2004 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 11 000 euros, within three months as from the notification of the judgment and that simple interest would be payable on this sum at a rate equal to the marginal lending rate of the European Central Bank plus three percentage points from the expiry of the above-mentioned three months until settlement;

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 15 December 2004, 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 for in the friendly settlement and that no other measure was required in the present case to conform to the Court ' s judgment,

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.