Resolution CM/ResDH(2023)215

Execution of the judgment of the European Court of Human Rights

Malić against Croatia

(Adopted by the Committee of Ministers on 6 September 2023 at the 1473 rd meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

8402/17

MALIĆ

22/04/2021

22/04/2021

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 judgment transmitted by the Court to the Committee in this case concerning the violation of the applicant’s right to a fair trial in that in minor offence proceedings against him he had not been tried by an impartial tribunal (violation of Article 6, paragraph 1);

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 to give effect to the judgment, including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2023)748 );

Considering that the question of individual measures was resolved, given that the impugned minor-offence proceedings were reopened and in the fresh proceedings the applicant’s case was assigned to a judge different from the one who acted in the impugned proceedings;

Recalling that the question of general measures required in response to the shortcoming found by the Court in the present judgment continues to be examined, also in the light of the Court’s findings in this case, within the framework of the Ramljak case and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures in the Ramljak case;

DECIDES to close the examination of this case.