Resolution CM/ResDH(2023)216

Execution of the judgments of the European Court of Human Rights

Two cases 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

2742/12

MATANOVIĆ

04/04/2017

04/07/2017

49922/16

PEJKIĆ

17/01/2023

17/01/2023

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 of the applicants’ right to respect for their private life on account of their unlawful secret surveillance in criminal proceedings (violations of Article 8) and to the violations of the applicants’ right to a fair trial on account of the non-disclosure of evidence to the defence in Matanović and of the domestic courts’ failure to forward the reasoned state attorney’s submission to the defence in Pejkić (violations 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 and general 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(2023)849 );

Considering that the question of individual measures was resolved, given that in Matanović the domestic proceedings, upon the applicant’s request for the reopening, have been terminated and that in Pejkić the applicant did not request the reopening of the impugned criminal proceedings;

Considering that the question of general measures allowing the disclosure of evidence obtained through secret surveillance in Matanović was resolved by the legislative measures;

Recalling that the question of the other general measures required in response to the shortcomings found by the Court in these judgments, including the unlawful secret surveillance, continues to be examined within the framework of the Dragojević group of cases, also in the light of the Court’s findings in these cases, and that the closure of these cases 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 these cases;

CONCLUDES that the necessary individual measures have been adopted;

DECIDES to continue to supervise the adoption of the necessary general measures in Dragojević group of cases;

DECIDES to close the examination of these cases.