Lexploria

FOURTH SECTION

CASE OF VUČETIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

( Application no. 25698/15 and 7 others -

see appended list )

JUDGMENT

STRASBOURG

9 May 2019

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

In the case of Vučetić and Others v. Bosnia and Herzegovina ,

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

Georges Ravarani, President, Marko Bošnjak , Péter Paczolay , judges, and Liv Tigerstedt , Acting Deputy Section Registrar ,

Having deliberated in private on 4 April 2019 ,

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. Notice of the application s was given to the Government of Bosnia and Herzegovina (“the Government”).

THE FACTS

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

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

THE LAW

I. JOINDER OF THE APPLICATIONS

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

II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1

6. 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.”

7. 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).

8. 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.

9. 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.

10. 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.

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

III. APPLICATION OF ARTICLE 41 OF THE CONVENTION

12. 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.”

13. Regard being had to the documents in its possession and to its case ‑ law (see, in particular, Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15 and 15 others, §§ 36-43, 14 November 2017, and Kunić and Others v. Bosnia and Herzegovina, nos. 68955/12 and 15 others, §§ 37 ‑ 46, 14 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.

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

15. 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,

1. Decides to join the applications;

2. Declares the applications admissible;

3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions ;

4. Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table;

5. Holds

(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 9 May 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.

Liv Tigerstedt Georges Ravarani Acting D eputy Registrar President

APPENDIX

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

( non-enforcement or delayed enforcement of domestic decisions )

No.

Application no.

Date of introduction

Applicant ’ s name

Date of birth

Representative ’ s name and location

Relevant domestic decision

Start date of non-enforcement period

Length of enforcement proceedings

Amount awarded for non-pecuniary damage per applicant

(in euros) [1]

Amount awarded for costs and expenses per application

(in euros) [2]

25698/15

14/05/2015

Biljana Vučetić

05/05/1961

Plavšić Radmila

Banja Luka

Bihać

First Instance Court, 12/12/2008

02/02/2009

pending

More than 10 year(s) and 1 month(s) and 11 day(s)

1,000

350

38422/15

18/07/2015

Fahira Ćano

18/03/1948

Sanski Most

First Instance Court, 28/02/2007

Sanski Most

First Instance Court, 26/12/2008

Sanski Most

First Instance Court, 29/08/2011

Sanski Most

First Instance Court, 16/09/2011

11/04/2007

24/01/2011

21/11/2012

28/02/2013

pending

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

pending

More than 8 year(s) and 1month(s) and 17 day(s)

pending

More than 6 year(s) and 3 month(s) and 20 day(s)

pending

More than 6 year(s) and 13 day(s)

1,000

48962/15

16/09/2015

Silvije ÄŒelan

23/12/1974

Bihać

First Instance Court, 11/10/2006

Bihać

First Instance Court, 23/12/2010

31/10/2007

09/05/2011

pending

More than 11 year(s) and 4 month(s) and 13 day(s)

pending

More than 7 year(s) and 10 month(s) and 4 day(s)

1,000

49426/15

15/09/2015

Jasmin Nuhagić

24/09/1969

Bihać

First Instance Court, 07/07/2006

Bihać

First Instance Court, 26/10/2007

15/07/2008

25/06/2009

pending

More than 10 year(s) and 7 month(s) and 26 day(s)

pending

More than 9 year(s) and 8 month(s) and 16 day(s)

1,000

20997/16

07/04/2016

Murisa Smajlović

27/05/1957

Sanski Most

First Instance Court, 28/02/2007

Sanski Most

First Instance Court, 16/11/2006

Sanski Most

First Instance Court, 18/04/2008

Sanski Most

First Instance Court, 12/10/2010

Sanski Most

First Instance Court, 14/10/2011

Sanski Most First Instance Court, 25/08/2015

16/04/2007

11/05/2007

12/08/2008

20/02/2012

22/02/2013

02/03/2016

pending

More than 11 year(s) and 10 month(s) and 25 day(s)

pending

More than 11 year(s) and 10 month(s) and 2 day(s)

pending

More than 10 year(s) and 7 month(s) and 1 day(s)

pending

More than 7 year(s) and 21 day(s)

pending

More than 6 year(s) and 19 day(s)

pending

More than 3 year(s) and 11 day(s)

1,000

21250/16

07/04/2016

Sabid Smajlović

23/08/1943

Sanski Most First Instance Court, 16/11/2006

Sanski Most First Instance Court, 29/02/2008

Sanski Most

First Instance Court, 22/02/2011

Sanski Most

First Instance Court, 10/04/2012

Sanski Most

First Instance Court, 10/04/2012

11/05/2007

18/08/2008

18/04/2012

10/06/2013

29/01/2014

pending

More than 11 year(s) and 10 month(s) and 2 day(s)

pending

More than 11 year(s) and 10 month(s) and 2 day(s)

pending

More than 10 year(s) and 6 month(s) and 23 day(s)

pending

More than 6 year(s) and 10 month(s) and 23 day(s)

pending

More than 5 year(s) and 9 month(s) and 3 day(s)

pending

More than 5 year(s) and 1 month(s) and 13 day(s)

1,000

44566/16

15/03/2017

Jusuf Jušić

03/08/1948

Velika Kladuša

First Instance Court, 29/07/2008

Velika Kladuša

First Instance Court, 17/12/2014

Velika Kladuša

First Instance Court, 11/04/2016

23/01/2009

17/02/2016

27/05/2016

pending

More than 10 year(s) and 1 month(s) and 18 day(s)

pending

More than 3 year(s) and 24 day(s)

pending

More than 2 year(s) and 9 month(s) and 14 day(s)

1,000

57631/17

25/07/2017

Ismet Kočan

03/07/1942

Kočan Emir

Kozarska Dubica

Sanski Most

First Instance Court, 04/10/2011

Sanski Most

First Instance Court, 20/03/2013

Sanski Most

First Instance Court, 03/09/2015

Sanski Most

First Instance Court, 28/12/2007

Sanski Most

First Instance Court, 18/01/2010

20/03/2013

07/04/2015

12/01/2016

09/02/2016

19/02/2016

pending

More than 5 year(s) and 11 month(s) and 21 day(s)

pending

More than 3 year(s) and 11 month(s) and 6 day(s)

pending

More than 3 year(s) and 2 month(s) and 1 day(s)

pending

More than 3 year(s) and 1 month(s) and 4 day(s)

pending

More than 3 year(s) and 22 day(s)

1,000

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

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

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CASE OF VUČETIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

CASE OF VUČETIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA

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