Resolution CM/ResDH(2024)116
Execution of the judgment of the European Court of Human Rights
Pudarić against Bosnia and Herzegovina
(Adopted by the Committee of Ministers on 13 June 2024
at the 1501st meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
55799/18
PUDARIĆ
08/12/2020
08/12/2020
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 judgment transmitted by the Court to the Committee in this case and to the violation established due to the inability of the applicant, as a Serb living in Federation of Bosnia and Herzegovina, to stand for elections to the Presidency and the House of Peoples of Bosnia and Herzegovina;
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 information provided by the government indicating that the applicant had passed away and noting that no award of just satisfaction was made by the Court in this case (see document
DH-DD(2024)428);
Considering that no further individual measures are possible, given that the applicant had passed away;
Recalling that the question of general measures required in response to the shortcomings found by the Court in this judgment continues to be examined within the framework of the Sejdić and Finci group of cases, also in the light of the Court’s findings in this case, and that the closure of this case therefore in no way prejudges the Committee’s evaluation of the general measures in relation to discrimination against persons not affiliated with the constituent peoples in Bosnia and Herzegovina, or those failing to meet a combination of the requirements of ethnic origin and place of residence as regards their right to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina;
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case;
CONCLUDES that no further individual measure is possible;
DECIDES to continue to supervise the adoption of the necessary general measures concerning discrimination against persons not affiliated with the constituent peoples in Bosnia and Herzegovina, or those failing to meet a combination of the requirements of ethnic origin and place of residence as regards their right to stand for election to the House of Peoples and the Presidency of Bosnia and Herzegovina, in the Sejdić and Finci group of cases;
DECIDES to close the examination of this case.