Resolution CM/ResDH(2012)10[1]
Execution of the judgments of the European Court of Human Rights
Jeličić and three other cases against Bosnia and Herzegovina
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”)[2],
Having regard to the judgments listed below, transmitted by the Court to the Committee once they had become final;
Case name (App. No.)
Judgment of
Final on
1
Jeličić (41183/02)
31/10/2006
31/01/2007
2
Kudić (28971/05)
09/12/2008
09/03/2009
3
Pejaković (337/04+)
18/12/2007
18/03/2008
4
Pralica (38945/05)
27/01/2009
27/04/2009
Recalling that a finding of violations by the Court requires, over and above the payment of just satisfaction awarded in the judgments, the adoption by the respondent State, where appropriate, of individual measures to put an end to the violations and as far as possible to remedy their consequences for the applicant and general measures to prevent new, similar violations;
Having invited the authorities of the respondent state to provide an action plan concerning the measures proposed to execute each of the judgments listed in the table above;
Having, in accordance with the Committee’s Rules for the application of Article 46, paragraph 2, of the Convention, examined the action report for each case provided by the government (see appendices);
Having noted that the respondent state paid the applicant the just satisfaction, as provided in the judgments;
DECLARES, that it has exercised its functions under Article 46, paragraph 2, of the Convention in these cases and
DECIDES to close the examination thereof.
Appendix to Resolution CM/ResDH(2012)10
Information about the measures to comply with the judgments in the cases of
Jeličić and three other cases against Bosnia and Herzegovina
No: 11-Ai-2/06 /) /11
Sarajevo, 5 September 2011
Mrs Genevieve Mayer,
Head of Department
Directorate General of Human Rights and Legal Affairs
Monitoring Directorate, Department for the Execution of Judgments of the Europe
Court of Human Rights,
Council of Europe
F-67075 STRASBOURG CEDEX
Action Report on the execution of judgement of the European Court of Human
Rights delivered on 31 October 2006
1. Convention violation found
In the judgment Jeličić v. Bosnia and Herzegovina the Court found the violation of right to access to court guaranteed in Article 6 of the Convention due to non-enforcement of final domestic judgment ordering the payment of old foreign currency savings to the applicant as well as the violation of the right to peaceful enjoyment of property under Article 1 of Protocol no. 1 of the Convention.
2.Individual measures
As regards the individual measures, the Republika Srpska paid the whole savings to the applicant awarded by final domestic judgment as well as the non-pecuniary damage on 13 July 2007.
3.General measures
In addition to individual measures, the respondent party was obligated to implement general measures as well, primarily, by amending the legislation which hampered enforcement of final judgments, and then taking necessary actions to have all judgments of the same kind executed by final payments to creditors relating to old foreign currency savings.
A. Legislation amendments
Within the scope of general measures ordered in the Jeličić judgment, Article 27 of the Law on Settlement of Obligations arising from Old Foreign Currency Savings of BiH (Official Gazette of BiH, nos. 28/06, 76/06 and 72/07) has been amended. The new article specifies that the courts are obliged to submit final judgments to the ministries of finances on entity or other level for their settlement. The laws and by-laws of the entities (RS and FBiH) and Brčko District allowed the depositors also to submit the judgments to the relevant ministries of finance. This created a legal basis for enforcement of final judgments concerning old foreign currency savings.
B. Adoption and implementation of Action Plan and other general measures
Since the main portion of non-enforced judgments was in the Republika Srpska, while in the Federation and the Brčko District it was only in isolated cases, the Republika Srpska adopted the Action Plan for enforcement of the judgments concerning the old foreign currency savings. In the Federation and Brčko District where only isolated cases were registered, the Reports on enforcement were made.
1)Action Plan of the Republika Srpska for implementation of judgment concerning the old foreign currency savings
The procedure on enforcement of judgments concerning the old foreign currency savings in the Republika Srpska is prescribed by the Decree on verification of claims and cash payments Linder the old foreign currency savings in the RS (Official Gazette of the RS no. 102/06, 124/06, 17/07, 62/07, 105/07, 18/08, 20/09 and 21/10). Pursuant to Article 23 of this Decree, the courts and the creditors are obliged to submit the enforceable court judgments concerning the old foreign currency savings to the RS Ministry of Finance for enforcement.
The Government of the Republika Srpska at its 118th session adopted the Action Plan for implementation of court judgments concerning the old foreign currency savings in the Republika Srpska. In first stage of the Action Plan, the RS Ministry of Finance planned to register all judgments concerning old foreign currency savings submitted by the courts or creditors. In the second stage of the Action Plan, it was foreseen to have the creditors paid out under registered final and enforceable judgments and other measures.
2)Report on implementation of the RS Action Plan measures
The Ministry of Finance of the Republika Srpska so far registered 57 judgments relating to the old foreign currency savings in total amount of 5.667.140.70 KM, whereof the payments were made under 4 judgments in amount of 1.546.537.94 KM (stated in table no.1) before adoption of the Action Plan.
Out of total number of registered judgments, 27 judgments are ready for payment (table 2) whereof the payments in amount of 2.752.076.34 KM were made under 22 judgments, while payments in amount of 155.997.05 KM under 4 remaining judgments were found to be paid by the business bank and one judgment in amount of 14.121.03 KM designated as enforceable (earlier stated in table 2 and now in table 4) was paid out subsequently.
The payments under 5 (five) judgments indicated in table 3 in amount of 482.479.62 KM have not been made. These are the judgments where the authenticity of documents has to be checked and which are to be paid by the Ministry of Finance by 31 December 2011 at the latest.
The total of 13 (thirteen) judgments given in table 4, have been verified (see the Law on settlement of obligations arising from old foreign currency savings of BiH, former Article 27). Out of above given number, 7 (seven) judgments were enforced and the depositors paid up to 2.000.00 KM each, while the remaining debt was settled by the first issue of bonds on 28 February 2008. The debt under remaining 6 judgments was transferred to the privatization accounts. After the first issue of bonds, the 60% of the debt became due and paid out.
In the review process, five judgments stated in table 5 were quashed, two judgments stated in table 6 were forwarded for enforcement to the Federation of Bosnia and Herzegovina, and 1 judgment was forwarded for enforcement to the Brčko Distrikt (table no. 7).
3)Report on settlement of obligations under the judgments concerning old foreign currency savings in the Federation of Bosnia and Herzegovina
Enforcement of the judgment relating to the old foreign currency savings in the Federation of Bosnia and Herzegovina is regulated by the Law on Settlement of Obligations arising from the Old Foreign Currency Savings in the Federation BiH (Official gazette of the FBiH, no. 62/09 and the Decision on enforcement of judgments relating to the old foreign currency savings (Official Gazette of the Federation BiH, no. 72/09).
The Federation settled in whole its obligation under the judgment submitted by the Basic Court of Banjaluka, no. P-8501/99 of 9 September 1999 in amount of 21.760.95 KM. The judgment of the Basic Court in Bihać, no. P-897/91 of 13 January 1992 in amount of 16.645.53 KM was not enforced because the addresses of the depositors were unknown. The checking has been underway in order to have this judgment enforced as well.
Apart from those two judgments submitted by the Ministry of Finance of the Republika Srpska to the Federal Ministry of Finance as the competent one, the enforcement procedure under the judgment of the Basic Court in Bugojno, no. P-2110/89 of 16 April 1999 has been underway in this ministry in amount of 99.624.83 KM. The details on claimed sums and the dates of their settlements in competence of the Federal Ministry of Finance are stated in the table titled -Overview of received and settled judgments in the Federation of Bosnia and Herzegovina concerning the old foreign currency savings-, which is attached to this document.
4)Report on settlement of obligations under the judgments relating to the old foreign currency savings in the Brčko District of Bosnia and Herzegovina
Payments of old foreign currency savings under final judgments in Brčko District has been regulated by the Law on Settlement of Obligations arising from Old Foreign Currency Savings (Official Gazette of BiH, mos. 28/06, 76/06 and 72/07) and the Law on Settlement of Obligations under old foreign currency saving accounts by issue of Bonds in Brčko District (Official Gazzette of Brčko District, no. 16/09 and 19/10).
In Brčko District only two judgments relating to old foreign currency savings were registered so far and entirely paid out. One of them is the judgment rendered by the European Court in Pejaković and others v. Bosnia and Herzegovina, submitted in reference of Ružica Pejić by the RS Ministry of Finance to the Finance Directorate of Brčko District for execution, and the other the judgment issued by the Basic Court of Brčko, no. P.310/2000-I of 20 November 2000. On 23 September 2008, the applicant Ružica Pejić was on all grounds paid a total sum of 525.630.39 KM including the difference of uncalculated interest on 6 November 2008. On 8 September 2009, pursuant to the judgment of the Basic Court of Brčko, the applicant Nikola Obrenović was paid a sum of 33.635.29 KM and Dragica Obrenović a sum of 35.035.53 KM.
On 27 July 2010, alter having received required information, the Ministry of Finance and Treasury BiH carried out payment of 652.10 KM in favour of Draga Arežina, the spouse and legal successor of deceased Vladimir Arežina, under the decision of Human Rights Commission within the Constitutional Court of Bosnia and Herzegovina, no. CH/02/9276 Vladimir Arežina v. Federation of Bosnia and Herzegovina of 8 March 2006.
Final information on implementation of general measures in Bosnia and Herzegovina as regards the judgment Jeličić v. BiH
Above given information evidence that an effective and adequate legal framework has been set up in Bosnia and Herzegovina which shall secure enforcement of all future claims for payment of old foreign currency savings under final court decisions. As estimated by competent ministries of finance, there are no obstacles to implementation of possible similar judgments in future. Therefore, Bosnia and Herzegovina deems that all measures have been taken to eliminate violations of human rights found in the judgment Jeličić v. Bosnia and Herzegovina and to prevent all similar violations in future. Therefore, no further measures are necessary.
[1] Adopted by the Committee of Ministers on 8 March 2012 at the 1136th Meeting of the Ministers’ Deputies.
[2] See also the Recommendations adopted by the Committee of Ministers in the context of the supervision of judgments of the European Court of Human Rights and in particular Recommendation Rec(2004)6 of the Committee of Ministers to member states on the improvement of domestic remedies.
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