You are here:

ECtHR / Application no. 7334/13 / Judgment

Muršić v. Croatia

Policy area:
Justice, freedom and security
Deciding Body type:
European Court of Human Rights
Deciding Body:
Grand Chamber
Type:
Decision
Decision date:
20/10/2016

Key facts of the case:

  1. The case originated in an application (no. 7334/13) against the Republic of Croatia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by a Croatian national, Mr Kristijan Muršić (“the applicant”), on 17 December 2012.
  2. The applicant, who had been granted legal aid, was represented by Mr Z. Vidović, a lawyer practising in Varaždin. The Croatian Government (“the Government”) were represented by their Agent, Ms Š. Stažnik.
  3. The applicant alleged in particular, relying on Article 3 of the Convention, that the conditions of his imprisonment had been inadequate, principally owing to a lack of personal space.

Results (sanctions) and key consequences of the case:

FOR THESE REASONS, THE COURT

  1. Dismisses, unanimously, the Government’s preliminary objection of non-exhaustion of domestic remedies;
  2. Holds, unanimously, that there has been a violation of Article 3 of the Convention with regard to the period between 18 July and 13 August 2010 in which the applicant disposed of less than 3 sq. m of personal space in Bjelovar Prison;
  3. Holds, by ten votes to seven, that there has been no violation of Article 3 of the Convention with regard to the remainder of the non-consecutive periods in which the applicant disposed of less than 3 sq. m of personal space;
  4. Holds, by thirteen votes to four, that there has been no violation of Article 3 of the Convention with regard to the periods in which the applicant disposed of between 3 and 4 sq. m of personal space in Bjelovar Prison;
  5. Holds, unanimously, (a) that the respondent State is to pay the applicant, within three months, the following amounts, to be converted into Croatian kunas, at the rate applicable at the date of settlement: (i) EUR 1,000 (one thousand euros), plus any tax that may be chargeable, in respect of non-pecuniary damage; (ii) EUR 3,091.50 (three thousand ninety-one euros and fifty cents), plus any tax that may be chargeable to the applicant, in respect of costs and expenses; (b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
  6. Dismisses, by twelve votes to five, the remainder of the applicant’s claim for just satisfaction.