FOURTH SECTION
CASE OF VUČETIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA
(Application no. 25698/15 and 7 others -
see appended list)
JUDGMENT
STRASBOURG
9 May 2019
This judgment is final but it may be subject to editorial revision.
In the case of Vučetić and Others v. Bosnia and Herzegovina,
The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:
Georges Ravarani, President,
Marko Bošnjak,
Péter Paczolay, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having deliberated in private on 4 April 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. Notice of the applications was given to the Government of Bosnia and Herzegovina (“the Government”).
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 of domestic decisions.
THE LAW
I. JOINDER 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.
II. 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 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.
III. 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,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions;
4. 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;
5. 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 9 May 2019, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv TigerstedtGeorges Ravarani
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of the 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]
25698/15
14/05/2015
Biljana Vučetić
05/05/1961
Plavšić Radmila
Banja Luka
Bihać
First Instance Court, 12/12/2008
02/02/2009
pending
More than 10 year(s) and 1 month(s) and 11 day(s)
1,000
350
38422/15
18/07/2015
Fahira Ćano
18/03/1948
Sanski Most
First Instance Court, 28/02/2007
Sanski Most
First Instance Court, 26/12/2008
Sanski Most
First Instance Court, 29/08/2011
Sanski Most
First Instance Court, 16/09/2011
11/04/2007
24/01/2011
21/11/2012
28/02/2013
pending
More than 11 year(s) and 11 month(s) and 2 day(s)
pending
More than 8 year(s) and 1month(s) and 17 day(s)
pending
More than 6 year(s) and 3 month(s) and 20 day(s)
pending
More than 6 year(s) and 13 day(s)
1,000
48962/15
16/09/2015
Silvije Čelan
23/12/1974
Bihać
First Instance Court, 11/10/2006
Bihać
First Instance Court, 23/12/2010
31/10/2007
09/05/2011
pending
More than 11 year(s) and 4 month(s) and 13 day(s)
pending
More than 7 year(s) and 10 month(s) and 4 day(s)
1,000
49426/15
15/09/2015
Jasmin Nuhagić
24/09/1969
Bihać
First Instance Court, 07/07/2006
Bihać
First Instance Court, 26/10/2007
15/07/2008
25/06/2009
pending
More than 10 year(s) and 7 month(s) and 26 day(s)
pending
More than 9 year(s) and 8 month(s) and 16 day(s)
1,000
20997/16
07/04/2016
Murisa Smajlović
27/05/1957
Sanski Most
First Instance Court, 28/02/2007
Sanski Most
First Instance Court, 16/11/2006
Sanski Most
First Instance Court, 18/04/2008
Sanski Most
First Instance Court, 12/10/2010
Sanski Most
First Instance Court, 14/10/2011
Sanski Most First Instance Court, 25/08/2015
16/04/2007
11/05/2007
12/08/2008
20/02/2012
22/02/2013
02/03/2016
pending
More than 11 year(s) and 10 month(s) and 25 day(s)
pending
More than 11 year(s) and 10 month(s) and 2 day(s)
pending
More than 10 year(s) and 7 month(s) and 1 day(s)
pending
More than 7 year(s) and 21 day(s)
pending
More than 6 year(s) and 19 day(s)
pending
More than 3 year(s) and 11 day(s)
1,000
21250/16
07/04/2016
Sabid Smajlović
23/08/1943
Sanski Most First Instance Court, 16/11/2006
Sanski Most First Instance Court, 16/11/2006
Sanski Most First Instance Court, 29/02/2008
Sanski Most
First Instance Court, 22/02/2011
Sanski Most
First Instance Court, 10/04/2012
Sanski Most
First Instance Court, 10/04/2012
11/05/2007
11/05/2007
18/08/2008
18/04/2012
10/06/2013
29/01/2014
pending
More than 11 year(s) and 10 month(s) and 2 day(s)
pending
More than 11 year(s) and 10 month(s) and 2 day(s)
pending
More than 10 year(s) and 6 month(s) and 23 day(s)
pending
More than 6 year(s) and 10 month(s) and 23 day(s)
pending
More than 5 year(s) and 9 month(s) and 3 day(s)
pending
More than 5 year(s) and 1 month(s) and 13 day(s)
1,000
44566/16
15/03/2017
Jusuf Jušić
03/08/1948
Velika Kladuša
First Instance Court, 29/07/2008
Velika Kladuša
First Instance Court, 17/12/2014
Velika Kladuša
First Instance Court, 11/04/2016
23/01/2009
17/02/2016
27/05/2016
pending
More than 10 year(s) and 1 month(s) and 18 day(s)
pending
More than 3 year(s) and 24 day(s)
pending
More than 2 year(s) and 9 month(s) and 14 day(s)
1,000
57631/17
25/07/2017
Ismet Kočan
03/07/1942
Kočan Emir
Kozarska Dubica
Sanski Most
First Instance Court, 04/10/2011
Sanski Most
First Instance Court, 20/03/2013
Sanski Most
First Instance Court, 03/09/2015
Sanski Most
First Instance Court, 28/12/2007
Sanski Most
First Instance Court, 18/01/2010
20/03/2013
07/04/2015
12/01/2016
09/02/2016
19/02/2016
pending
More than 5 year(s) and 11 month(s) and 21 day(s)
pending
More than 3 year(s) and 11 month(s) and 6 day(s)
pending
More than 3 year(s) and 2 month(s) and 1 day(s)
pending
More than 3 year(s) and 1 month(s) and 4 day(s)
pending
More than 3 year(s) and 22 day(s)
1,000
[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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