Resolution CM/ResDH(2022)81

Execution of the judgments of the European Court of Human Rights

Two cases against Croatia

(Adopted by the Committee of Ministers on 6 April 2022 at the 1431 st meeting of the Ministers' Deputies)

Application No.

Case

Judgment of

Final on

40116/02

ŠEČIĆ

31/05/2007

31/08/2007

25536/14

Å KORJANEC

28/03/2017

28/06/2017

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”),

Having regard to the final judgments transmitted by the Court to the Committee in these cases and to the violations established to the applicants’ right to a fair trial on account of the failure of domestic authorities to take into account the racist motives behind the attacks on the applicants due to their Roma [1] origin or their association with a Roma partner (violations of Article 14 in conjunction with the procedural aspect of Article 3) and the lack of effective investigation into the attack against the applicant (violation of Article 3 in its procedural limb in Šečić );

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government indicating the measures adopted to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2021)1255 );

Recalling that at its 1377 th meeting, the Committee closed its examination of individual measures and while noting the progress achieved as regards general measures, encouraged the authorities to continue to adopt further awareness raising measures to ensure a Convention-compliant application of the hate crime legislation and to adopt the new Protocol for Procedure in Hate Crime Cases;

Noting with satisfaction that in response to the Committee’s last decision the authorities took additional targeted measures aimed at preventing similar violations, including the adoption of the Protocol for Procedure in Hate Crime Cases and the organisation of training and awareness raising measures for the police, prosecuting authorities and judges;

Noting further that any outstanding measures aimed at ensuring effective investigation into hate crimes targeting LBGTI persons continue to be examined within the context of the Sabalić case and that the closure of these cases in no way prejudges the Committee’s evaluation of the remaining general measures in relation to the aforementioned issue;

Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and

DECIDES to close the examination thereof.

[1] The term “Roma and Travellers” is used at the Council of Europe to encompass the wide diversity of the groups covered by the work of the Council of Europe in this field: on the one hand a) Roma, Sinti/Manush, Calé, Kaale, Romanichals, Boyash/Rudari; b) Balkan Egyptians (Egyptians and Ashkali); c) Eastern groups (Dom, Lom and Abdal); and, on the other hand, groups such as Travellers, Yenish, and the populations designated under the administrative term “Gens du voyage”, as well as persons who identify themselves as Gypsies. The present is an explanatory footnote, not a definition of Roma and/or Travellers.