CASE OF KATANOVIĆ AND MIHOVILOVIĆ AGAINST CROATIA AND 5 OTHER CASES

Resolution CM/ResDH(2024)298 Execution of the judgments of the European Court of Human Rights Six cases against Croatia   (Adopted by the Committee of Ministers on 5 December 2024 at the 1514th meeting of the Ministers’ Deputies)    Application No. Case Judgment of Final on 18208/19+ KATANOVIĆ AND MIHOVILOVIĆ 29/09/2022 29/09/2022 16789/19 KOPIĆ 29/09/2022 29/09/2022 53563/16 HRNČIĆ 29/09/2022 29/09/2022 27712/19 PRPIĆ 09/02/2023 09/02/2023 56787/16 LADAN 11/05/2023 11/05/2023 64579/16 BOŠNJAK 11/05/2023 11/05/2023   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 established on account of poor conditions of detention and lack of an effective remedy in this regard as well as the excessive length of civil proceedings for compensation;   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 individual measures adopted to execute the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2024)1273);   Considering that the question of individual measures was resolved, given that the violations ceased given that the applicants have been released from detention and that that the domestic proceedings have been terminated;   Recalling that the question of general measures required in response to the shortcomings found by the Court in this these judgments continues to be examined within the framework of the groups of cases Huber v. Croatia (Application No. 39571/16) and Kirinčić and Others v. Croatia (Application No. 31386/17) 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 within the Huber and Kirinčić and Others groups of cases;   DECIDES to close the examination of these cases.