Resolution CM/ResDH(2021)308

Execution of the judgments of the European Court of Human Rights

Three cases against Croatia

(Adopted by the Committee of Ministers on 10 November 2021 at the 1417 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

9849/15

MIRJANA MARIĆ

30/07/2020

30/10/2020

11388/15+

GLAVINIĆ AND MARKOVIĆ

30/07/2020

30/10/2020

47833/13

URUKALO

22/10/2020

22/10/2020

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 on account of the excessively lengthy civil proceedings and the lack of an effective remedy (violations of Article 6, paragraph 1, and Article 13);

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 plan provided by the government indicating the individual measures adopted in order 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)512 );

Considering that the question of individual measures in these three cases was resolved given that the impugned proceedings have been terminated;

Recalling that the question of general measures required in response to the shortcomings found by the Court in these cases continues to be examined within the framework of the case of Kirinčić and others and that the closure of these cases therefore in no way prejudges the Committee’s evaluation of the general measures required in relation to the functioning of the existing remedy concerning excessive length of civil proceedings;

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

DECIDES to close the examination of these cases.