European Court of Human Rights
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URL: http://www.bailii.org/eu/cases/ECHR/2011/641.html
Cite as: [2011] ECHR 641
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FIRST SECTION
DECISION
Application no.
1590/10
by Siniša ŠTIMAC
against Croatia
The European Court of Human Rights (First Section), sitting on 22 March 2011 as a Chamber composed of:
Anatoly
Kovler,
President,
Nina
Vajić,
Christos
Rozakis,
Peer
Lorenzen,
Elisabeth
Steiner,
Khanlar
Hajiyev,
George
Nicolaou,
judges,
and Søren Nielsen,
Section Registrar,
Having regard to the above application lodged on 9 December 2009,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
PROCEDURE
The application was lodged by Mr Siniša Štimac, a Croatian national who was born in 1950 and lives in Split. He was represented before the Court by Ms I. Bojić, a lawyer practising in Zagreb. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. StaZnik.
The applicant complained under Articles 2, 3 and 8 of the Convention that an act of serious physical violence against him by a private individual had remained unpunished and that the facts of the case had not been established by a court of law because, owing to unnecessary delays in the criminal proceedings against the perpetrator, the criminal prosecution had become time-barred.
On 15 and 16 February 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 6,000 euros to cover any non-pecuniary damage as well as costs and expenses, which would be converted into Croatian kuna at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points. The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Søren Nielsen Anatoly
Kovler
Registrar President