FOURTH SECTION
DECISION
Application no. 11373/07
Mladen BOŽIČIĆ
against Bosnia and Herzegovina
The European Court of Human Rights (Fourth Section), sitting on 10 January 2012 as a Committee composed of:
David Thór Björgvinsson, President,
Nebojša Vučinić,
Vincent A. De Gaetano, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above application lodged on 20 February 2007,
Having regard to a settlement reached by the parties,
Having deliberated, decides as follows:
PROCEDURE
1. The applicant, Mr Mladen Božičić, is a citizen of Bosnia and Herzegovina who was born in 1936 and lives in Kozarska Dubica. The Bosnian-Herzegovinian Government (“the Government”) were represented by their Agent, Ms M. Mijić.
2. The applicant complained under Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention of the non-enforcement of the final judgment adopted in his favour against the Republika Srpska by the Kozarska Dubica First Instance Court on 2 August 2001.
3. On 25 May 2011 the Court received the following declaration from the Government:
“I, Monika Mijić, the Agent, declare that the Government are ready to accept that there had been a violation of the applicant’s rights guaranteed by the Convention due to non-enforcement of the domestic judgement rendered in favour of the applicant and offer to pay ex gratia 900 euros to the applicant, Mr Mladen Božičić.
This sum, which is to cover any pecuniary and non-pecuniary damage as well as costs and expenses, will be converted into convertible marks at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. The above sum will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertake to pay simple interest on it, from expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
I further declare that the domestic authorities offer to secure full enforcement of the domestic judgment under consideration in this case in cash within nine months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the European Convention on Human Rights.
This will constitute the final resolution of the case.”
4. On 29 June 2011 the Court received the applicant’s acceptance of the Government’s proposal.
THE LAW
5. The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application (Article 37 § 1 in fine of the Convention).
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court unanimously
Decides to strike the application out of its list of cases.
Fatoş AracıDavid Thór Björgvinsson
Deputy RegistrarPresident
Full & Egal Universal Law Academy