FOURTH SECTION
DECISION
Application no. 25397/20
Kenan BUČUK and Others against Bosnia and Herzegovina
and 3 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 1 July 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, 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 O. Eterović, a lawyer practising in Sarajevo.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions were communicated to the Government of Bosnia and Herzegovina (“the Government”) on 5 November 2020.
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 of domestic decisions)
In their observations of 4 March 2021, the Government submitted that the applicants had failed to inform the Court of the fact that the final judgments in their favour had been enforced. They therefore requested 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).
Turning to the present case, the Court observes that the domestic decisions under consideration were fully enforced in respect of some of the applicants before notice of the applications was given to the Government (see the appended table). The applicants did not inform the Court about that development. The Court only learned about it from the Government’s observations of 4 March 2021. No convincing explanation for that 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 in accordance with 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 22 July 2021.
{signature_p_2}
Viktoriya MaradudinaArmen Harutyunyan
Acting Deputy RegistrarPresident
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
25397/20
27/05/2020
(17 applicants)
Kenan BUČUK
1973
Eneid HASANOVIĆ
1976
Mihret ROTIĆ
1977
Srećko TOPALOVIĆ
1972
Adis MUHIBIĆ
1977
Fuad KARIĆ
1973
Amra SINANOVIĆ
1979
Aldin SINANOVIĆ
1978
Rijad POLJO
1974
Almir SULJIĆ
1973
Alen MAŠIĆ
1980
Fikret IŠERIĆ
1965
Radenko MILIĆ
1982
Marko JAŠAR
1981
Marko AGATIĆ
1983
Zoran DRAŠKO
1982
Nijaz ČUTUK
1962
Sarajevo Municipal Court,
05/09/2016
03/11/2016
18/03/2020 (for the applicant MUHIBIĆ),
3 year(s) and 4 month(s) and 16 day(s)
31/08/2020 (for the applicant KARIĆ),
3 year(s) and 9 month(s) and 29 day(s)
25/09/2020 (for the applicant IŠERIĆ),
3 year(s) and 10 month(s) and 23 day(s)
18/11/2019 (for the applicant MILIĆ),
3 year(s) and 16 day(s)
pending (for the remaining applicants)
more than 4 year(s) and 7 month(s) and 6 day(s)
27908/20
27/05/2020
(14 applicants)
Enisa ŠIKALO
1971
Ismet ŠEHIĆ
1967
Vjekoslav JURIĆ
1959
Aljo BABIĆ
1960
Medin MEKIĆ
1977
Sabahudin KAFEDŽIĆ
1976
Amir BAJRIĆ
1969
Mašo ĐUDERIJA
1966
Samir SMAJLOVIĆ
1974
Avdo BAŠALIJA
1969
Samir ASANI
1971
Avdaga DURAK
1960
Josip LIVANČIĆ
1975
Nedžad ADEMOVIĆ
1973
Sarajevo Municipal Court,
23/10/2015
04/02/2016
02/09/2020 (for the applicant ŠIKALO),
4 year(s) and 6 month(s) and 30 day(s)
31/08/2020 (for the applicant LIVANČIĆ),
4 year(s) and 6 month(s) and 28 day(s)
08/10/2020 (for the applicant DURAK),
4 year(s) and 8 month(s) and 5 day(s)
pending (for the remaining applicants)
more than 5 year(s) and 4 month(s) and 5 day(s)
27924/20
27/05/2020
(10 applicants)
Nermin FERHATOVIĆ
1976
Elvedin ŠABANOVIĆ
1975
Adi JAČEVIĆ
1972
Ismet PANJETA
1970
Muris HRVO
1972
Mirza ALIĆ
1968
Edin GADŽO
1963
Zijad HODŽIĆ
1964
Midhat ZUKIĆ
1969
Suvad PODŽIĆ
1967
Sarajevo Municipal Court,
21/03/2017
06/02/2018
06/11/2019 (for the applicant FERHATOVIĆ),
1 year(s) and 9 month(s) and 1 day(s)
12/06/2020 (for the applicant ŠABANOVIĆ),
2 year(s) and 4 month(s) and 7 day(s)
16/09/2019 (for the applicant JARČEVIĆ),
1 year(s) and 7 month(s) and 11 day(s)
27/05/2020 (for the applicant PANJETA),
2 year(s) and 3 month(s) and 22 day(s)
26/05/2020 (for the applicant HRVO),
2 year(s) and 3 month(s) and 21 day(s)
24/02/2020 (for the applicant GADŽO),
2 year(s) and 19 day(s)
24/02/2020 (for the applicant HODŽIĆ),
2 year(s) and 19 day(s)
06/11/2019 (for the applicant ZUKIĆ),
1 year(s) and 9 month(s) and 1 day(s)
pending (for the remaining applicants)
more than 3 year(s) and 4 month(s) and 3 day(s)
29175/20
27/05/2020
(10 applicants)
Mato ANĐIĆ
1970
Nikola LIVAJA
1973
Jozo DRLJEPAN
1970
Mijo MILIČEVIĆ
1962
Dragan RAKO
1967
Zoran KUHAR
1975
Pavo JOZELJIĆ
1968
Vanja ČUBELIĆ
1971
Željko PECIREP
1972
Renato TADIĆ
1974
Sarajevo Municipal Court,
06/06/2017
08/11/2017
17/12/2019 (for the applicant ANĐIĆ),
2 year(s) and 1 month(s) and 10 day(s)
08/11/2019 (for the applicant KUHAR),
2 year(s) and 1 day(s)
10/07/2020 (for the applicant JOZELJIĆ),
2 year(s) and 8 month(s) and 3 day(s)
18/03/2020 (for the applicant ČUBELIĆ),
2 year(s) and 4 month(s) and 11 day(s)
14/07/2020 (for the applicant PECIREP),
2 year(s) and 8 month(s) and 7 day(s)
04/12/2019 (for the applicant TADIĆ),
2 year(s) and 27 day(s)
23/12/2019 (for the applicant DRLJEPAN),
2 year(s) and 1 month(s) and 16 day(s)
29/09/2020 (for the applicant RAKO),
2 year(s) and 10 month(s) and 22 day(s)
pending (for the remaining applicants)
more than 3 year(s) and 7 month(s) and 1 day(s)
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