FOURTH SECTION
CASE OF JUGO AND OTHERS v. BOSNIA AND HERZEGOVINA
(Application no. 46977/15 and 14 others - see appended list)
JUDGMENT
STRASBOURG
5 December 2019
This judgment is final but it may be subject to editorial revision.
In the case of Jugo and Others v. Bosnia and Herzegovina,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 14 November 2019,
Delivers the following judgment, which was adopted on that date:
PROCEDURE
1. The case originated in applications against Bosnia and Herzegovina lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on the various dates indicated in the appended table.
2. The Government of Bosnia and Herzegovina (“the Government”) were given notice of the applications.
THE FACTS
3. The list of applicants and the relevant details of the applications are set out in the appended table.
4. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions.
THE LAWJOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1
6. The applicants complained of the non-enforcement or delayed enforcement of domestic decisions given in their favour. They relied, expressly or in substance, on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1, which read as follows:
Article 6 § 1
“In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by [a] ... tribunal ...”
Article 1 of Protocol No. 1
“Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”
7. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece, no. 18357/91, § 40, Reports of Judgments and Decisions 1997‑II).
8. In the leading cases of Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15 and 15 others, §§ 25-31, 14 November 2017, and Kunić and Others v. Bosnia and Herzegovina, nos. 68955/12 and 15 others, §§ 26-31, 14 November 2017, the Court already found a violation in respect of issues similar to those in the present case.
9. The Court further notes that the decisions in the present applications ordered specific action to be taken. The Court therefore considers that the decisions in question constitute “possessions” within the meaning of Article 1 of Protocol No. 1.
10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicants’ favour.
11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1.APPLICATION OF ARTICLE 41 OF THE CONVENTION
12. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party.”
13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15 and 15 others, §§ 36-43, 14 November 2017, and Kunić and Others v. Bosnia and Herzegovina, nos. 68955/12 and 15 others, §§ 37-46, 14 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.
14. The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable.
15. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.
FOR THESE REASONS, THE COURT, UNANIMOUSLY,Decides to join the applications;Declares the applications admissible;Holds that these applications disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the nonenforcement or delayed enforcement of domestic decisions;Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table;Holds
(a) that the respondent State is to pay the applicants, within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 5 December 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtStéphanie Mourou-Vikström
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
Date of birth
Representative’s name and location
Relevant domestic decision
Start date of non-enforcement period
Length of enforcement proceedings
Amount awarded for non-pecuniary damage per applicant
(in euros)[1]
Amount awarded for costs and expenses per application
(in euros)[2]
46977/15
14/09/2015
Dženana Jugo
10/05/1980
Kapetan Hatidža
Travnik
Travnik Cantonal Court, 22/04/2009
27/05/2009
pending
More than 10 year(s) and 4 month(s) and 18 day(s)
1,000
250
44086/16
20/07/2016
Mirsad Čerkić
11/02/1952
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 10/03/2010
20/08/2010
31/12/2018
8 year(s) and 4 month(s) and 12 day(s)
1,000
250
44337/16
19/07/2016
(2 applicants)
Gojko Cvitanović
04/11/1969
Vanja BURIĆ
31/01/1974
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 10/02/2010
03/06/2010
31/12/2018
8 year(s) and 6 month(s) and 29 day(s)
1,000
250
45648/16
19/07/2016
(2 applicants)
Slavica Mrgan
12/07/1954
Kimeta LJELJAK
13/11/1960
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 23/09/2010
08/11/2010
31/12/2018
8 year(s) and 1 month(s) and 24 day(s)
1,000
250
46938/16
19/07/2016
(3 applicants)
Salko Čamo
21/07/1970
Zijad TUCAKOVIĆ
10/11/1974
Zdenko PAVLOVIĆ
20/02/1966
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 04/02/2010
23/08/2010
31/12/2018
8 year(s) and 4 month(s) and 9 day(s)
1,000
250
47080/16
19/07/2016
(4 applicants)
Šaban Marić
05/06/1950
Božo KONJEVOD
18/01/1959
Nerman TOJAGA
22/02/1971
Snježana AĆIMOVIĆ
13/06/1977
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 25/03/2010
29/06/2010
31/12/2018
8 year(s) and 6 month(s) and 3 day(s)
1,000
250
47238/16
18/07/2016
(3 applicants)
Salko Gaštan
04/11/1958
Himzo ĐONKO
17/12/1952
Nedim PECO
14/06/1972
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 08/04/2010
03/09/2010
31/12/2018
8 year(s) and 3 month(s) and 29 day(s)
1,000
250
48480/16
18/07/2016
(2 applicants)
Emir Novalić
06/06/1970
Fajik BALIĆ
14/02/1965
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 13/05/2010
27/08/2010
31/12/2018
8 year(s) and 4 month(s) and 5 day(s)
1,000
250
48505/16
18/07/2016
Ljilja Markić
23/11/1957
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 08/04/2010
03/09/2010
31/12/2018
8 year(s) and 3 month(s) and 29 day(s)
1,000
250
50727/16
26/07/2016
Avdo Đelmo
01/01/1957
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 06/05/2010
30/08/2010
31/12/2018
8 year(s) and 4 month(s) and 2 day(s)
1,000
250
51051/16
26/07/2016
Ivan Ševo
28/08/1966
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 11/08/2010
11/01/2011
31/12/2018
7 year(s) and 11 month(s) and 21 day(s)
1,000
250
51410/16
27/07/2016
(4 applicants)
Ahmed Dedić
07/01/1957
Hasan POŠKOVIĆ
04/01/1970
Himzo DEDIĆ
24/02/1965
Miljan BOTIĆ
22/12/1980
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 27/05/2010
20/08/2010
31/12/2018
8 year(s) and 4 month(s) and 12 day(s)
1,000
250
51697/16
29/07/2016
Dragan Lasić
07/01/1960
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 04/02/2010
23/08/2010
31/12/2018
8 year(s) and 4 month(s) and 9 day(s)
1,000
250
54051/16
05/09/2016
(2 applicants)
Adis Hošafčić
04/11/1969
Jasmin KRNJIĆ
21/07/1970
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 13/05/2010
27/08/2010
31/12/2018
8 year(s) and 4 month(s) and 5 day(s)
1,000
250
72967/16
26/11/2016
(3 applicants)
Alija Hujdur
13/10/1961
Edin HADROVIĆ
18/03/1962
Salko MACIĆ
26/01/1949
Zaklan Sadudin
Mostar
Mostar Cantonal Court, 23/03/2010
30/08/2010
31/12/2018
8 year(s) and 4 month(s) and 2 day(s)
1,000
250
[1]. Plus any tax that may be chargeable to the applicants.
[2]. Plus any tax that may be chargeable to the applicants.
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