FOURTH SECTION
DECISION
Application no. 5802/19
Fatima ČORBIĆ against Bosnia and Herzegovina
and 17 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 19 May 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil and administrative proceedings and under Article 13 of the Convention concerning the lack of an effective remedy for complaints about the length of pending proceedings (see Delić v. Bosnia and Herzegovina, no. 59181/18, 2 March 2021), were communicated to the Government of Bosnia and Herzegovina (“the Government”).
Following the death of the applicant, Mr Brajko Husanović (application no. 28280/19), his heir, Derviša Husanović, declared her wish to pursue the application in his stead. The Government did not object. Having regard to its well-established case-law in this respect (see Malhous v. the Czech Republic (dec.) [GC], no. 33071/96, ECHR 2000-XII, and Murray v. the Netherlands [GC], no. 10511/10, § 79, ECHR 2016, with further references), the Court accepts that Mrs Husanović, has standing to pursue the application on behalf of late Mr Brajko Husanović.
The Court received the friendly-settlement declarations, signed by the parties, under which the applicants agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These amounts will be converted into the currency of the respondent State at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay these amounts within the above-mentioned three-month period, the Government undertake to pay simple interest on them, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the cases.
THE LAW
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the applications.
In view of the above, it is appropriate to strike the cases out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides that Ms Derviša Husanović, the heir of the late applicant, Mr Brajko Husanović (application no. 28280/19), has locus standi in the proceedings;
Decides to strike the applications out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 9 June 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil and/or administrative proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
Other complaints under well-established case-law
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for non-pecuniary damage per applicant
(in euros)[1] 2
Amount awarded for costs and expenses per application
(in euros)3
5802/19
26/12/2018
Fatima ČORBIĆ
1959
Salkanović Haris
Živinice
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
01/04/2022
20/12/2021
1,500
250
6369/19
24/12/2018
Šefik DELIĆ
1957
Salkanović Haris
Živinice
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
01/04/2022
20/12/2021
600
250
15124/19
04/03/2019
Željko SUBOTIĆ
1965
Boško VITKOVIĆ
1954
Ljubojević-Đurić Rafaela
Gradiška
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
17/02/2022
19/01/2022
10,100
250
21462/19
10/04/2019
Emir RAŠČIĆ
1966
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,700
250
21467/19
10/04/2019
Bajram PEŠKOVIĆ
1963
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
1,200
250
21474/19
10/04/2019
Jasmina ŠEKO
1959
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,700
250
21479/19
10/04/2019
Mervana HADŽIMURTEZIĆ
1957
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,300
250
23686/19
19/04/2019
Mehmed BEKTO
1952
Azem ĐIP
1960
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,000
250
23704/19
19/04/2019
Maja DRMAĆ
1964
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,700
250
23741/19
23/04/2019
Šćepan RAGUŽ
1955
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,300
250
23754/19
23/04/2019
Emina SELMAN
1964
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,300
250
28280/19
14/05/2019
Brajko HUSANOVIĆ
Year of birth: 1964
Date of death: 01/01/2022
Pursued by heir:
Derviša Husanović
1953
Salkanović Haris
Živinice
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
01/04/2022
20/12/2021
1,200, to be paid to the applicant’s heir Derviša Husanović
250
32409/19
11/06/2019
Pejo JANJIĆ
1965
Eterović Omar
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
07/04/2022
2,700
250
47119/19
28/08/2019
(3 applicants)
Ramiz DŽAFEROVIĆ
1959
Belma IZMIRLIJA
/
Dubravka BOŠNJAK
/
Galijatović Alija
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
21/12/2021
2,000
250
7627/20
13/01/2020
Edis MUJKANOVIĆ
1981
Salkanović Haris
Živinice
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
01/04/2022
20/12/2021
2,000
250
25867/20
18/03/2020
Ahmet HALILOVIĆ
1944
Hadžiomerović Dženana
Sarajevo
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
09/02/2022
13/04/2022
5,400
250
51233/20
03/11/2020
Nusret ŠABANOVIĆ
1962
Salkanović Haris
Živinice
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
01/04/2022
20/12/2021
1,200
250
51437/20
02/11/2020
Denis MUJKIĆ
1983
Salkanović Haris
Živinice
Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings
01/04/2022
20/12/2021
2,000
250
[1] Plus any tax that may be chargeable to the applicants.
2 Less any amounts which may have already been paid in that regard at the domestic level.
3 Plus any tax that may be chargeable to the applicants.