Resolution ResDH (2002)152 concerning the partial judgment of the European Court of Human Rights of 4 July 2002 in the case of Radoš and others against Croatia

(Adopted by the Committee of Ministers on 17 December 2002 at the 819th 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 “ t he Convention”),

Having regard to the partial final judgment of the European Court of Human Rights in the Radoš and others case delivered on 4 July 2002 and transmitted to the Committee of Ministers under Article 46 of the Convention;

Recalling that the case originated in an application (No. 45435/99) against Croatia, lodged with the European Commission of Human Rights on 23 December 1996 under former Article 25 of the Convention by Mr Zvonimir Radoš , Mr Goran Lajnert , Mr Dmitar Malešević , Mr Branko Jugović , Mr Stjepan Živković and Mr Gojko Mikecin , Croatian nationals, and that the Court, seised of the case under Article 5, paragraph 2, of Protocol No. 11, declared admissible their complaints related to the excessive length of certain civil proceedings;

Whereas in its partial judgment of 4 July 2002 the Court, after having taken formal note of a friendly settlement reached by the government of the respondent state and one of the applicants ( Mr Gojko Mikecin ), 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 insofar as it concerns this applicant 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 Mr Mikecin , the sum of 3,500 euros, covering both pecuniary and non-pecuniary damage as well as costs, within three months as from the notification 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 17 September 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 with respect to the commitments subscribed to this case.