Stipe PETRINA v Croatia - 30097/10 [2011] ECHR 197 (13 January 2011)
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examination of the application, thus striking the case out of its list.
Source-derived case information.
- Citation
- [2011] ECHR 197
- Parties
- Applicant: Stipe Petrina; Respondent: Republic of Croatia
- Jurisdiction
- European Union
- Procedural Posture
- Application to the European Court of Human Rights / Decision on Friendly Settlement
- Outcome
- Application struck out of the list of cases due to friendly settlement.
- Legal Topics
- Length of Criminal Proceedings, Article 6 of the European Convention on Human Rights, Friendly Settlement
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stipe Petrina
Applicant
Republic of Croatia
Respondent
Procedural Posture
Application to the European Court of Human Rights / Decision on Friendly Settlement
Legal Issues
- 1 Whether the length of criminal proceedings against the applicant violated Article 6 § 1 of the Convention
Ratio Decidendi
The Court found the friendly settlement reached between the parties to be based on respect for human rights and saw no reason to continue examination of the application, thus striking the case out of its list.
Court Disposition
Application struck out of the list of cases due to friendly settlement.
Orders
- The application is struck out of the list of cases.
Full Case Text
Judgment text and source record
1 paragraphs
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [ DONATE ] European Court of Human Rights You are here: BAILII >> Databases >> European Court of Human Rights >> Stipe PETRINA v Croatia - 30097/10 [2011] ECHR 197 (13 January 2011) URL: https://www.bailii.org/eu/cases/ECHR/2011/197.html Cite as: [2011] ECHR 197 [ New search ] [ Contents list ] [ Printable RTF version ] [ Help ] FIRST SECTION DECISION Application no. 30097/10 by Stipe PETRINA against Croatia The European Court of Human Rights (First Section), sitting on 13 January 2011 as a Committee composed of: Dean Spielmann, President, Nina Vajić, Giorgio Malinverni, judges, and André Wampach , Deputy Section Registrar , Having regard to the above application lodged on 18 May 2010, 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 Stipe Petrina, a Croatian national who was born in 1954 and lives in Primošten. He was represented before the Court by Mr A. Korljan, a lawyer practising in Zadar. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. StaZnik The applicant complained under Article 6 § 1 of the Convention about the length of the criminal proceedings against him. On 11 October and 3 November 2011 the Court received friendly settlement declarations signed by the parties under which the applicant agreed to waive any further claims against the Croatia in respect of the facts giving rise to this application against an undertaking by the Government to pay him 2,100 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 and 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. André Wampach Dean Spielmann Deputy Registrar President BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/eu/cases/ECHR/2011/197.html