FOURTH SECTION
DECISION
Application no. 44304/16
Dževad BEĆIROVIĆ and others against Bosnia and Herzegovina
and 19 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 24 October 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications 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 applicants is set out in the appended table.
The applicants were represented by Mr S. Zaklan, a lawyer practising in Mostar.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Government of Bosnia and Herzegovina (“the Government”) on 25 October 2018.
THE LAWJoinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.Complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (non-enforcement or delayed enforcement of domestic decisions)
The Government submitted that the applicants had failed to inform the Court of the fact that some of the final judgments in their favour had been fully enforced. They therefore invited 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).
Some of the judgments under consideration in the present case were fully enforced already in 2016 and 2017. The applicants did not inform the Court about that development before notice of the applications was given to the Government and no convincing explanation for this 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 pursuant to 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 14 November 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
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
Relevant domestic decision
Start date of non-enforcement period
End date of non-enforcement period Length of enforcement proceedings
44304/16
19/07/2016
(4 applicants)
Dževad Bećirović
07/10/1972
Enver BEGANOVIĆ
27/02/1953
Aldin BALIĆ
27/12/1973
Rasim HODŽIĆ
31/08/1974
Mostar Cantonal Court, 19/05/2011
24/11/2011
30/06/2017
5 year(s) and 7 month(s) and 7 day(s)
30/06/2017
5 year(s) and 7 month(s) and 7 day(s)
30/06/2017
5 year(s) and 7 month(s) and 7 day(s)
pending
More than 7 year(s) and 9 month(s) and 24 day(s)
47006/16
19/07/2016
(3 applicants)
Haris Proho
13/11/1971
Stipo BRADARIĆ
24/01/1967
Mehmed MUSTAFIĆ
26/01/1969
Mostar Cantonal Court, 03/03/2010
13/12/2010
30/06/2017
6 year(s) and 6 month(s) and 18 day(s)
pending
More than 8 year(s) and 9 month(s) and 4 day(s)
pending
More than 8 year(s) and 9 month(s) and 4 day(s)
47162/16
18/07/2016
(3 applicants)
Safet Memić
20/04/1947
Branko NOVAČIĆ
20/07/1964
Zijo ORUČEVIĆ
27/03/1949
Mostar Cantonal Court, 06/05/2010
30/08/2010
29/12/2017
7 year(s) and 4 month(s)
29/12/2017
7 year(s) and 4 month(s)
29/12/2017
7 year(s) and 4 month(s)
47233/16
18/07/2016
Suad Tojaga
09/02/1965
Novica NOŽICA
20/10/1954
Mostar Cantonal Court, 13/05/2010
07/07/2010
31/12/2016
6 year(s) and 5 month(s) and 25 day(s)
31/12/2016
6 year(s) and 5 month(s) and 25 day(s)
50735/16
26/07/2016
(4 applicants)
Slavko Trninić
06/03/1979
Milan MURATOVIĆ
20/05/1982
Eldar BUZALJKO
28/06/1970
Mujo TUKA
09/03/1968
Mostar Cantonal Court, 04/02/2010
31/05/2010
31/12/2016
6 year(s) and 7 month(s) and 1 day(s)
31/12/2016
6 year(s) and 7 month(s) and 1 day(s)
31/12/2016
6 year(s) and 7 month(s) and 1 day(s)
31/12/2016
6 year(s) and 7 month(s) and 1 day(s)
50786/16
26/07/2016
Filip Mandarić
11/05/1966
Fadil MEMIĆ
08/08/1961
Mostar Cantonal Court, 02/07/2009
28/10/2009
31/12/2016
7 year(s) and 2 month(s) and 4 day(s)
31/12/2016
7 year(s) and 2 month(s) and 4 day(s)
50800/16
26/07/2016
Đenan Husanović
17/09/1970
Džemal MRNĐIĆ
29/05/1965
Mostar Cantonal Court, 04/03/2010
09/09/2010
30/06/2017
6 year(s) and 9 month(s) and 22 day(s)
pending
More than 9 year(s) and 8 day(s)
50810/16
26/07/2016
(4 applicants)
Ajla Seferović
20/05/1975
Mustafa BEKTAS
12/12/1965
Naim HERO
22/06/1966
Aziz BOBAR
17/07/1959
Supreme Court of the Federation of BIH,
18/08/2011
27/02/2012
30/06/2017
5 year(s) and 4 month(s) and 4 day(s)
pending
More than 7 year(s) and 6 month(s) and 21 day(s)
pending
More than 7 year(s) and 6 month(s) and 21 day(s)
pending
More than 7 year(s) and 6 month(s) and 21 day(s)
50978/16
26/07/2016
(4 applicants)
Halil Spahalić
07/06/1954
Atif BAJROVIĆ
11/04/1957
Ismet ČULINOVIĆ
03/04/1964
Omer ALIĆ
29/09/1963
Mostar Cantonal Court, 20/05/2010
27/08/2010
31/12/2016
6 year(s) and 4 month(s) and 5 day(s)
31/12/2016
6 year(s) and 4 month(s) and 5 day(s)
31/12/2016
6 year(s) and 4 month(s) and 5 day(s)
31/12/2016
6 year(s) and 4 month(s) and 5 day(s)
51136/16
22/07/2016
Midhat Čolić
24/02/1975
Zijad ISLAMOVIĆ
08/02/1955
Mostar Cantonal Court, 30/04/2010
26/08/2010
29/12/2017
7 year(s) and 4 month(s) and 4 day(s)
29/12/2017
7 year(s) and 4 month(s) and 4 day(s)
51283/16
27/07/2016
Džemal Alić
14/10/1973
Jasmin HAJDUK
02/01/1971
1) Mostar Cantonal Court, 17/09/2010
2) Mostar Cantonal Court, 04/04/2014
1) Mostar Cantonal Court, 17/09/2010
2) Mostar Cantonal Court, 04/04/2014
1) 23/02/2011
2) 19/06/2014
1) 23/02/2011
2) 19/06/2014
1) 30/06/2017
5 year(s) and 9 month(s) and 10 day(s)
2) 30/06/2017
5 year(s) and 9 month(s) and 10 day(s)
1) pending
More than 8 year(s) and 6 month(s) and 25 day(s)
2) pending
More than 5 year(s) and 2 month(s) and 29 day(s)
51419/16
27/07/2016
(4 applicants)
Ahmo Mehić
18/09/1953
Vinko BOBAN
26/11/1970
Haris KOTLO
28/06/1962
Nijaz DERVIŠEVIĆ
11/09/1969
Supreme Court of Federation of Bosnia and Herzegovina, 16/06/2011
21/09/2011
pending
More than 7 year(s) and 11 month(s) and 27 day(s)
30/06/2017
5 year(s) and 9 month(s) and 10 day(s)
pending
More than 7 year(s) and 11 month(s) and 27 day(s)
pending
More than 7 year(s) and 11 month(s) and 27 day(s)
51421/16
27/07/2016
(4 applicants)
Mustafa Puce
20/09/1956
Enes HUSNIĆ
07/02/1964
Nenad KLJAKIĆ
22/07/1953
Ahmet ŽUSTRA
27/09/1963
Mostar Cantonal Court, 29/10/2009
13/01/2010
31/12/2016
6 year(s) and 11 month(s) and 19 day(s)
31/12/2016
6 year(s) and 11 month(s) and 19 day(s)
31/12/2016
6 year(s) and 11 month(s) and 19 day(s)
31/12/2016
6 year(s) and 11 month(s) and 19 day(s)
51427/16
27/07/2016
(3 applicants)
Mirzo Pajić
03/01/1966
Zoran ŠIMUNOVIĆ
18/06/1962
Fikret RAMIĆ
02/02/1961
Mostar Cantonal Court, 06/05/2010
25/08/2010
31/12/2017
7 year(s) and 4 month(s) and 7 day(s)
31/12/2017
7 year(s) and 4 month(s) and 7 day(s)
31/12/2017
7 year(s) and 4 month(s) and 7 day(s)
51594/16
29/07/2016
(3 applicants)
Sabina Bašić
20/07/1964
Ahmet KARA
11/08/1961
Eneza KASUMOVIĆ
13/08/1959
Mostar Cantonal Court, 19/11/2009
05/04/2010
31/12/2016
6 year(s) and 8 month(s) and 27 day(s)
31/12/2016
6 year(s) and 8 month(s) and 27 day(s)
31/12/2016
6 year(s) and 8 month(s) and 27 day(s)
51759/16
29/07/2016
Obrad Vuković
30/07/1977
Mirzo IMAMOVIĆ
20/05/1971
1) Mostar Cantonal Court, 07/10/2010
2) Mostar Cantonal Court, 24/01/2014
1) Mostar Cantonal Court, 07/10/2010
2) Mostar Cantonal Court, 24/01/2014
1) 01/02/2011
2) 05/03/2014
1) 01/02/2011
2) 05/03/2014
1) pending
More than 8 year(s) and 7 month(s) and 16 day(s)
2) pending
More than 5 year(s) and 6 month(s) and 12 day(s)
1) 30/06/2017
5 year(s) and 9 month(s) and 10 day(s)
2) 30/06/2017
5 year(s) and 9 month(s) and 10 day(s)
51793/16
29/07/2016
Ahmet Gusić
22/10/1965
Samir ZEBIĆ
22/03/1970
Mostar Cantonal Court, 29/04/2010
09/08/2010
31/12/2017
7 year(s) and 4 month(s) and 23 day(s)
31/12/2017
7 year(s) and 4 month(s) and 23 day(s)
52349/16
29/07/2016
(3 applicants)
Mirsad Sefo
19/01/1963
Emir HARAČIĆ
27/10/1960
Semir HARAČIĆ
02/08/1960
Mostar Cantonal Court, 06/05/2010
24/09/2010
pending
More than 8 year(s) and 11 month(s) and 21 day(s)
pending
More than 8 year(s) and 11 month(s) and 21 day(s)
30/06/2017
6 year(s) and 9 month(s) and 7 day(s)
72960/16
26/11/2016
Sadeta Ljevo
19/08/1954
Enisa BALAVAC
23/03/1960
Mostar Cantonal Court, 16/12/2010
19/01/2011
pending
More than 8 year(s) and 7 month(s) and 29 day(s)
30/06/2017
6 year(s) and 5 month(s) and 12 day(s)
79214/16
08/12/2016
Nedžad Avdić
14/11/1956
Mostar Cantonal Court, 13/05/2010
07/07/2010
31/12/2016
6 year(s) and 5 month(s) and 25 day(s)
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