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FOURTH SECTION

CASE OF CRNKIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

( Application no. 38070/19 and 8 others – see appended list )

JUDGMENT

This version was rectified on 23 April 2021 under Rule 81 of the Rules of Court.

STRASBOURG

1 5 April 2021

This judgment is final but it may be subject to editorial revision.

In the case of Crnkić and o thers v. Bosnia and Herzegovina ,

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

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges, and Viktoriya Maradudina , Acting Deputy Section Registrar ,

Having deliberated in private on 25 March 2021 ,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1 . The case originated in applications against Bosnia and Herzegovina lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table .

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

3 . The Government of Bosnia and Herzegovina (“the Government”) were given notice of the applications on 13 February 2020.

THE FACTS

4 . The list of applicant s and the relevant details of the applications are set out in the appended table.

5 . The applicant s complained of the non-enforcement of domestic decisions .

THE LAW

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

7 . The applicant s complained of the non-enforcement of domestic decisions given in their favour . They relied, expressly or in substance, on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1 , which read as follows:

Article 6 § 1

“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...”

Article 1 of Protocol No. 1

“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

8 . The Government informed the Court that Vahudin Hodžić , Sadik Ćesko , Jelena Ćebić , Senija Alispahić , Muhidin Rašidović , Adnan Ikanović , Sead Selman, Selma Šikalo and Mladen Milosavljević had reached friendly settlements with the relevant authorities in respect of the decisions under consideration in cases nos. 38732/19 and 41577/19 , giving up on default interest and accepting that the payment of the principal debt and the costs would constitute the final resolution of the case. The principal debt and the costs had then been paid on the dates indicated in the appended table. The applicants did not dispute the facts as presented by the Government. The Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of applications nos. 38732/19 and 41577/19 under Article 37 § 1 in fine in respect of those applicants.

9 . Accordingly, that part of applications nos. 38732/19 and 41577/19 should be struck out of the list.

B. Applications nos. 38732/19 and 41577/19 in respect of the remaining applicants and all other applications

10 . The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece , no. 18357/91, § 40, Reports of Judgments and Decisions 1997 ‑ II).

11 . In the leading cases of Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15 and 15 others, §§ 25-31, 14 November 2017 and Kunić and Others v. Bosnia and Herzegovina, nos. 68955/12 and 15 others, §§ 26-31, 14 November 2017, the Court already found a violation in respect of issues similar to those in the present case.

12 . The Court further notes that the decisions in the present applications ordered specific action to be taken. The Court therefore considers that the decisions in question constitute “possessions” within the meaning of Article 1 of Protocol No. 1.

13 . Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicant s ’ favour.

14 . These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 .

15 . Article 41 of the Convention provides:

“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”

16 . Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Spahić and Others , cited above , §§ 36-43, and Kunić and Others , cited above, §§ 37-46), the Court considers it reasonable to award the sums as indicated in the appended table.

17 . The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable.

18 . The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.

FOR THESE REASONS, THE COURT , UNANIMOUSLY,

(a) that the respondent State is to pay the applicant s , within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;

(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.

Done in English, and notified in writing on 1 5 April 2021 [1] , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

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

Amount awarded for non-pecuniary damage per applicant (in euros) [2] [3]

Amount awarded for costs and expenses

per application

(in euros) [4]

38070/19

26/06/2019

(10 applicants)

Emir CRNKIĆ

1966Elmedin KOBILJAK

1960Kenan KREPONIĆ

1964Emir KURÅ UMLIJA

1962Ervin HODŽIĆ

1978Fuad DUÅ KAN

1968Muhidin DURANOVIĆ

1965Renata

SMOLIK-POPOVIĆ

1949Edina VUK

1968Edvin ŠABANOVIĆ

1986Sarajevo Municipal Court, 29/06/2017

21/02/2018

pending

More than 3 year(s) and

9 day(s)

1,000

250

38732/19

11/07/2019

(9 applicants)

Davorinka AZINOVIĆ

1957Dževad PALAVRA

1972Azim BAŠIĆ

1969Emir KAPO

1977Ernis BULBUL

1971Elvedin BEGIĆ

1974=======

Vahudin HODŽIĆ

1970Sadik ĆESKO

1964Jelena ČEBIĆ

1983Sarajevo Municipal Court, 16/10/2014

06/05/2016

pending

More than 4 year(s) and 9 month(s) and 24 day(s)

===========

04/06/2020 (for applicant HODŽIĆ),

4 year(s) and 30 day(s)

06/05/2020 (for applicant ĆESKO),

4 year(s) and 1 day(s)

29/06/2020 (for applicant ČEBIĆ),

4 year(s) and 1 month(s) and

24 day(s)

1,000 in respect of each of the first six applicants

250

41219/19

08/07/2019

(4 applicants)

Sabaheta ĆUTUK

1963Irena JERKIĆ

1963Tatjana MARKHOT

1964Šćepan RAGUŽ

1955Sarajevo Municipal Court, 07/04/2015

Sarajevo Municipal Court (for applicant RAGUŽ),

09/11/2015

18/09/2015

03/03/2016

pending

More than 5 year(s) and 5 month(s) and 12 day(s)

pending

More than 4 year(s) and 11 month(s) and 27 day(s)

1,000

250

41437/19

08/07/2019

Jozo ANĐIĆ

1960Sarajevo Municipal Court, 09/12/2011

30/05/2016

pending

More than 4 year(s) and 9 month(s) and 2 day(s)

1,000

250

41577/19

19/07/2019

(21 applicants)

Anisa RAHMANOVIĆ

1979Edin KUNDALIĆ

1970Jasminka KURTOVIĆ

1974Mevludin KALJANAC

1964Ismir SILAJDŽIĆ

1981Zijad VATREÅ

1973Adem ÄŒELIK

1959Alija KOTAREVIĆ

1962Elmira KARAHASANOVIĆ

1958Maja

MARTINOVIĆ-MUK

1979Alma UŠANOVIĆ

1977Avni RIZVIĆ

1977Raza MUHAREMOVIĆ

1962Adnan BEŠLIĆ

1976Suada HODŽIĆ

1962========

Senija ALISPAHIĆ

1968Muhidin RAŠIDOVIĆ

1976Adnan IKANOVIĆ

1980Sead SELMAN

1964Selma Å IKALO

1979Mladen MILOSAVLJEVIĆ

1959Sarajevo Municipal Court 17/02/2017

23/04/2017

pending

More than 3 year(s) and 10 month(s) and 6 day(s)

================

27/07/2020 (for applicant ALISPAHIĆ),

3 year(s) and 3 month(s) and 5 day(s)

13/05/2020 (for applicant RAŠIDOVIĆ),

3 year(s) and 20 day(s)

29/06/2020 (for applicant IKANOVIĆ),

3 year(s) and 2 month(s) and 6 day(s)

03/06/2020 (for applicant SELMAN),

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

03/04/2020 (for applicant Å IKALO),

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

19/06/2020 (for applicant MILOSAVLJEVIĆ)

3 year(s) and 1 month(s) and 27 day(s)

1,000 in respect of each of the first fifteen applicants

250

45843/19

17/07/2019

(4 applicants)

Emir CRNKIĆ

1966Elmedin KOBILJAK

1960Ervin HODŽIĆ

1978Edvin ŠABANOVIĆ

1986Sarajevo Municipal Court, 11/07/2014

03/03/2016

pending

More than 4 year(s) and 11 month(s) and 27 day(s)

0 [5]

0

51710/19

27/09/2019

Spomenko PLAKALOVIĆ

1983Vladimir TADIĆ

1982Sarajevo Municipal Court, 04/11/2014

30/11/2016

pending

More than 4 year(s) and 3 month(s) and 2 day(s)

1,000

250

55653/19

03/09/2019

Elmedin KOBILJAK

1960Edina VUK

1968Sarajevo Municipal Court, 25/01/2012

05/07/2017

pending

More than 3 year(s) and 7 month(s) and 25 day(s)

0 [6]

0

57317/19

27/09/2019

(5 applicants)

Fatima SMRIKO

1964Vildana AHMETAGIĆ

1961Amra ZAHIROVIĆ

1971Sadija VELAGIĆ

1961Muhamed KONAK

1961Sarajevo Municipal Court, 18/11/2011

05/02/2016

pending

More than 5 year(s) and 25 day(s)

1,000

250[1] Rectified on 23 April 2021: the date “ 25 April 2021 ” has been replaced by 15 April 2021 .

[2] Plus any tax that may be chargeable to the applicants.

[3] Less any amounts which may have already been paid in that regard at the domestic level.

[4] Plus any tax that may be chargeable to the applicants.

[5] The applicants are afforded just satisfaction in case no. 38070/19 (see above).

[6] The applicants are afforded just satisfaction in case no. 38070/19 (see above).

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CASE OF CRNKIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

CASE OF CRNKIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

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