HUMAN RIGHTS COURT ORDERS COMPENSATION FOR CROATIAN CITIZENS

STRASBOURG/ZAGREB, March 1 (Hina) - The European Court of Human Rights on Friday ordered EUR 10,000 compensation to a Croatian family, because of a lack of protection in proceedings for compensation claims in Croatian courts, the Court said in a statement. The case concerns Vojin and Ana Kutic from the area of Bjelovar, who initiated compensation claims at the Zagreb Municipal Court in 1994 for their home being destroyed in an explosion in 1991, and their garage and adjacent facilities in 1994. In 1996 the Croatian parliament introduced amendments to the Civil Obligations Act, stipulating that all proceedings concerning actions for damage resulting from terrorist acts be stayed pending the enactment of new legislation. The Constitutional Court has not yet reached a decision concerning objections to the law. "Although the proceedings had so far been stayed for over six years, more than four of which had been after the (European Human Rights Protection) Convention entered into force in Croatia, no new legislation had been passed to enable the applicants to have their civil claims determined. The Court therefore held, unanimously, that there had been a violation of Article 6 ? 1 (right to a fair hearing) of the European Convention on Human Rights, in respect of the applicants? right of access to court. It also held, unanimously, that no separate issue arose under Article 6 ? 1 in respect of the length of the proceedings. The applicants were awarded 10,000 euros for non-pecuniary damage," the Court said in the press release. The judgement will come into effect in three months or earlier if the sides agree not to appeal. (hina) lml