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BUČUK AND OTHERS v. BOSNIA AND HERZEGOVINA

Doc ref: 25397/20;27908/20;27924/20;29175/20 • ECHR ID: 001-211506

Document date: July 1, 2021

Inbound citations: 0
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Cited paragraphs: 0
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Outbound citations: 4

BUČUK AND OTHERS v. BOSNIA AND HERZEGOVINA

Doc ref: 25397/20;27908/20;27924/20;29175/20 • ECHR ID: 001-211506

Document date: July 1, 2021

Cited paragraphs only

FOURTH SECTION

DECISION

Application no. 25397/20 Kenan BUÄŒUK and O thers against Bosnia and Herzegovina and 3 other applications

(s ee appended table)

The European Court of Human Rights (Fourth Section), sitting on 1 July 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking , Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above application s lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicant s is set out in the appended table.

The applicants were represented by Mr O. Eterović , a lawyer practising in Sarajevo.

The applicants ’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions were communicated to the Government of Bosnia and Herzegovina (“the Government”) on 5 November 2020 .

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

In their observations of 4 March 2021, the Government submitted that the applicants had failed to inform the Court of the fact that the final judgments in their favour had been enforced. They therefore requested the Court to reject the applications as an abuse of the right of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

The applicants did not dispute the facts as presented by the Government.

The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014; and Čaluk and Others v. Bosnia and Herzegovina ( dec. ) [Committee], nos. 3927/15 and 63 others, §§ 18-19, 25 September 2018).

Turning to the present case, the Court observes that the domestic decisions under consideration were fully enforced in respect of some of the applicants before notice of the applications was given to the Government (see the appended table). The applicants did not inform the Court about that development. The Court only learned about it from the Government ’ s observations of 4 March 2021. No convincing explanation for that omission was provided.

Having regard to the fact that the information withheld concerned the very core of the applications, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court ’ s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court ’ s resources may undermine the credibility of lawyers ’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina ( dec. ), no. 67618/09, § 29, 10 January 2017).

In the light of the foregoing, the Court considers that the present applications constitute an abuse of the right of individual application within the meaning of Article 35 § 3 (a) in fine of the Convention. They must therefore be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 22 July 2021 .

{signature_p_2}

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

( non-enforcement or delayed enforcement of domestic decisions )

No.

Application no.

Date of introduction

Applicant ’ s name

Year of birth

Relevant

domestic decision

Start date of non-enforcement period

End date of non-enforcement period

Length of enforcement proceedings

25397/20

27/05/2020

(17 applicants)

Kenan BUÄŒUK

1973Eneid HASANOVIĆ

1976Mihret ROTIĆ

1977Srećko TOPALOVIĆ

1972Adis MUHIBIĆ

1977Fuad KARIĆ

1973Amra SINANOVIĆ

1979Aldin SINANOVIĆ

1978Rijad POLJO

1974Almir SULJIĆ

1973Alen MAŠIĆ

1980Fikret IŠERIĆ

1965Radenko MILIĆ

1982Marko JAÅ AR

1981Marko AGATIĆ

1983Zoran DRAÅ KO

1982Nijaz ÄŒUTUK

1962Sarajevo Municipal Court,

05/09/2016

03/11/2016

18/03/2020 (for the applicant MUHIBIĆ),

3 year(s) and 4 month(s) and 16 day(s)

31/08/2020 (for the applicant KARIĆ),

3 year(s) and 9 month(s) and 29 day(s)

25/09/2020 (for the applicant IŠERIĆ),

3 year(s) and 10 month(s) and 23 day(s)

18/11/2019 (for the applicant MILIĆ),

3 year(s) and 16 day(s)

pending (for the remaining applicants)

more than 4 year(s) and 7 month(s) and 6 day(s)

27908/20

27/05/2020

(14 applicants)

Enisa Å IKALO

1971Ismet ŠEHIĆ

1967Vjekoslav JURIĆ

1959Aljo BABIĆ

1960Medin MEKIĆ

1977Sabahudin KAFEDŽIĆ

1976Amir BAJRIĆ

1969Mašo ĐUDERIJA

1966Samir SMAJLOVIĆ

1974Avdo BAÅ ALIJA

1969Samir ASANI

1971Avdaga DURAK

1960Josip LIVANČIĆ

1975Nedžad ADEMOVIĆ

1973Sarajevo Municipal Court,

23/10/2015

04/02/2016

02/09/2020 (for the applicant Å IKALO),

4 year(s) and 6 month(s) and 30 day(s)

31/08/2020 (for the applicant LIVANČIĆ),

4 year(s) and 6 month(s) and 28 day(s)

08/10/2020 (for the applicant DURAK),

4 year(s) and 8 month(s) and 5 day(s)

pending (for the remaining applicants)

more than 5 year(s) and 4 month(s) and 5 day(s)

27924/20

27/05/2020

(10 applicants)

Nermin FERHATOVIĆ

1976Elvedin ŠABANOVIĆ

1975Adi JAČEVIĆ

1972Ismet PANJETA

1970Muris HRVO

1972Mirza ALIĆ

1968Edin GADŽO

1963Zijad HODŽIĆ

1964Midhat ZUKIĆ

1969Suvad PODŽIĆ

1967Sarajevo Municipal Court,

21/03/2017

06/02/2018

06/11/2019 (for the applicant FERHATOVIĆ),

1 year(s) and 9 month(s) and 1 day(s)

12/06/2020 (for the applicant ŠABANOVIĆ),

2 year(s) and 4 month(s) and 7 day(s)

16/09/2019 (for the applicant JARČEVIĆ),

1 year(s) and 7 month(s) and 11 day(s)

27/05/2020 (for the applicant PANJETA),

2 year(s) and 3 month(s) and 22 day(s)

26/05/2020 (for the applicant HRVO),

2 year(s) and 3 month(s) and 21 day(s)

24/02/2020 (for the applicant GADŽO),

2 year(s) and 19 day(s)

24/02/2020 (for the applicant HODŽIĆ),

2 year(s) and 19 day(s)

06/11/2019 (for the applicant ZUKIĆ),

1 year(s) and 9 month(s) and 1 day(s)

pending (for the remaining applicants)

more than 3 year(s) and 4 month(s) and 3 day(s)

29175/20

27/05/2020

(10 applicants)

Mato ANĐIĆ

1970Nikola LIVAJA

1973Jozo DRLJEPAN

1970Mijo MILIČEVIĆ

1962Dragan RAKO

1967Zoran KUHAR

1975Pavo JOZELJIĆ

1968Vanja ČUBELIĆ

1971Željko PECIREP

1972Renato TADIĆ

1974Sarajevo Municipal Court,

06/06/2017

08/11/2017

17/12/2019 (for the applicant ANĐIĆ),

2 year(s) and 1 month(s) and 10 day(s)

08/11/2019 (for the applicant KUHAR),

2 year(s) and 1 day(s)

10/07/2020 (for the applicant JOZELJIĆ),

2 year(s) and 8 month(s) and 3 day(s)

18/03/2020 (for the applicant ČUBELIĆ),

2 year(s) and 4 month(s) and 11 day(s)

14/07/2020 (for the applicant PECIREP),

2 year(s) and 8 month(s) and 7 day(s)

04/12/2019 (for the applicant TADIĆ),

2 year(s) and 27 day(s)

23/12/2019 (for the applicant DRLJEPAN),

2 year(s) and 1 month(s) and 16 day(s)

29/09/2020 (for the applicant RAKO),

2 year(s) and 10 month(s) and 22 day(s)

pending (for the remaining applicants)

more than 3 year(s) and 7 month(s) and 1 day(s)

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