Resolution ResDH (2003)30 concerning the judgment of the European Court of Human Rights of 6 June 2002 in the case of Majstorović against Croatia

(Adopted by the Committee of Ministers on 24 Februa ry 2003 at the 827th 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 Majstorović case delivered on 6 June 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. 53227/99) against Croatia, lodged with the European Commission of Human Rights on 19 April 1997 under former Article 25 of the Convention by Mr Vinko Majstorović , a Croatian national, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible the complaint related to the excessive length of certain civil proceedings and to the absence of effective remedies in this respect;

Whereas in its judgment of 6 June 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 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 sum of 2 500 euros, covering any pecuniary and non-pecuniary damage as well as costs, within three months as from the delivery of the judgment;

Recalling that Rule 44, paragraph 2, of the Rules of the Court provides that the striking out of a case 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 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 July 2002, 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 and that no other measure was required in the present case to conform to the Court’s judgment,

Declares, after having taken note of the information supplied by the Government of Croatia, that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case.