FOURTH SECTION
DECISION
Application no. 14769/15
Jelenko GRAHOVAC
against Bosnia and Herzegovina
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 12 September 2019 as a Committee composed of:
Stéphanie Mourou-Vikström, President,
Georges Ravarani,
Jolien Schukking, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above application lodged on 12 March 2015,
Having regard to the observations submitted by the parties,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Mr D. Pejaković, a lawyer practising in Banja Luka.
The applicant’s complaints under Article 6 § 1 of the Convention concerning the excessive length of criminal proceedings were communicated to the Government of Bosnia and Herzegovina (“the Government”) on 9 June 2017.
THE LAW
The Government submitted that the applicant had failed to inform the Court that three judgments had been rendered in the criminal proceedings at issue after the introduction of this application. They therefore suggested that the Court reject the application as an abuse of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
The applicant did not dispute this fact but considered it irrelevant.
The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted, either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014; and Matović v. Serbia (dec.) [Committee], no. 33104/16, 25 September 2018).
Turning to the present case, the Court observes that the domestic courts rendered three judgments in this case on 21 August 2015, 8 November 2016 and 24 February 2017, finally acquitting the applicant. The applicant did not inform the Court about these facts before notice of the application was given to the Government and no convincing explanation for this omission was provided.
Having regard to the fact that the information withheld concerned the very core of the application, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court’s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court’s resources may undermine the credibility of lawyers’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina (dec.), no. 67618/09, § 29, 10 January 2017).
In view of the above, the Court considers that the present application constitutes an abuse of the right of individual application within the meaning of Article 35 § 3 (a) in fine of the Convention. It must therefore be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Declares the application inadmissible.
Done in English and notified in writing on 3 October 2019.
Liv TigerstedtStéphanie Mourou-Vikström
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 6 § 1 of the Convention
(excessive length of civil and/or administrative proceedings)
Application no.
Date of introduction
Applicant’s name
Date of birth
Start of proceedings or date of entry into force of the Convention in respect of Bosnia and Herzegovina (12 July 2002)
End of proceedings
Total length
Levels of jurisdiction
14769/15
12/03/2015
Jelenko Grahovac
19/04/1970
12/07/2002
24/02/2017
14 years and 7 months and 13 days
3 levels of jurisdiction
Full & Egal Universal Law Academy