Resolution CM/ResDH(2022)258

Execution of the judgment of the European Court of Human Rights

Apostolovski and Others against Bosnia and Herzegovina

(Adopted by the Committee of Ministers on 19 October 2022 at the 1446 th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

28704/11+

APOSTOLOVSKI AND OTHERS

18/01/2022

18/01/2022

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”,

Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation of the applicants’ right to peaceful enjoyment of their property on account of their inability to repossess their pre-war military flats between 1998-2007 in the Federation of Bosnia and Herzegovina (violation of Article 1 of Protocol No. 1);

Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:

- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum ; and

- of general measures preventing similar violations;

Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;

Having examined the action report provided by the government, indicating the measures adopted to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2022)699 );

Considering that the question of individual measures in this case was resolved, given that the applicants were compensated for their inability to repossess the flats;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgment continues to be examined within the framework of the cases of Đokić and Mago and Others and that the closure of this case in no way prejudges the Committee’s evaluation of the general measures required;

DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and

DECIDES to close the examination of this case.