Resolution ResDH(2005)49 concerning the judgment of the European Court of Human Rights of 8 November 2002 (Friendly settlement) in the case of Benzan against Croatia

(Adopted by the Committee of Ministers on 21 June 2005 at the 928th meeting of the Ministers ' Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol No. 11 (hereinafter referred to as “the Convention”),

Having regard to the final judgment of the European Court of Human Rights in the Benzan case delivered on 8 November 2002 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. 62912/00) against Croatia, lodged with the European Court of Human Rights on 2 October 2000 under Article 34 of the Co n vention by Mr Darko Benzan , a Croatian national, and that the Court declared admissible the complaints relating to the poor prison conditions between 2000 and 2002 in the Lepoglava State P rison, the absence of an effective remedy in this respect and the prison authorities ' interference with his correspondence;

Whereas in its judgment of 8 November 2002 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 Protocols, decided, unanimously to strike the case out of its list and took note of the fact that in June 2002 the applicant had been moved to another cell in a renovated wing;

Whereas under the friendly settlement the Government of Croatia stated as follows:

“With a view to securing a friendly settlement of the above-mentioned case, the Government undertake to renovate the B wing of the Lepoglava State Prison before the end of September 2003. The Government will pay 12,000 euros to Mr Darko Benzan . This sum is to cover all pecuniary and non-pecuniary damage as well as costs, and it will be payable within three months from the date of delivery of the judgment by the Court pursuant to Article 39 of the European Convention on Human Rights ( ... )”;

Recalling that Rule 43, paragraph 3, of the Rules of the Court (former Article 44, paragraph 2) provides that the striking out of a case which has been declared admissible shall be effected by means of a judgment which the President 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, friendly settlement 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;

Whereas during the examination of the case by the Committee of Ministers, the government of the respondent state informed the Committee of the renovation of the B wing of the Lepoglava State Prison completed on 1 December 2003 and of the return of the prisoners to their renovated cells on 20 December 2003; it also indicated that the judgment of the European Court had been published on the government internet site and sent out for all prison authorities in Croatia;

Having satisfied itself that on 17 January 2003, within the 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 ,

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 with respect to the commitments subscribed to in this case.