CASE OF AVDIĆ AND OTHERS AGAINST BOSNIA AND HERZEGOVINA AND 8 OTHER CASES

Avrupa İnsan Hakları Mahkemesi

Karar Metni

Resolution CM/ResDH(2020)95

Execution of the judgments of the European Court of Human Rights

Nine cases against Bosnia and Herzegovina

(Adopted by the Committee of Ministers on 4 June 2020
at the 1377th meeting of the Ministers’ Deputies)

Application No.

Case

Judgment of

Final on

47345/15

AVDIĆ AND OTHERS

07/02/2019

17303/15

Dujak and Others

07/02/2019

34524/15

ELČIĆ and Others

17/01/2019

34526/15

HODŽIĆ AND SIRĆO

27/06/2019

20954/13

HRNJIĆ and Others

07/02/2019

61620/15

ŠAIN and Others

17/01/2019

20514/15

SPAHIĆ and Others

14/11/2017

14/02/2018

25941/18

Ugarak and Others

19/09/2019

25698/15

VUČETIĆ and Others

09/05/2019

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 judgments transmitted by the Court to the Committee in these cases and to the violations established on account of non-enforcement of domestic judgments ordering the Zenica-Doboj, the Central Bosnia, Una-Sana and Herzegovina-Neretva Cantons to pay work-related benefits due to public service employees;

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 plan provided by the government indicating the individual measures adopted in order to give effect to the judgments including the information provided regarding the payment of the just satisfaction awarded by the Court (see document DH-DD(2020)417);

Considering that the question of individual measures in these nine cases was resolved, given that the domestic decisions were enforced;

Recalling that the question of general measures required in response to the shortcomings found by the Court in the present judgments continue to be examined within the framework of the Kunić group of cases and that the closure of the present cases 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 these cases as regards the individual measures in the nine present cases and

DECIDES to close the examination of these cases.

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