FOURTH SECTION
DECISION
Application no. 37991/19
Vahudin HODŽIĆ and Others against Bosnia and Herzegovina
and 8 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 25 March 2021 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 observations submitted by the respondent Government and the observations in reply submitted by the applicants,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Mr O. Eterović, a lawyer practising in Sarajevo.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Government of Bosnia and Herzegovina (“the Government”) on 13 February 2020.
THE LAWJoinder of the applications
Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.Complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (non-enforcement or delayed enforcement of domestic decisions)
The Government submitted that the applicants had failed to inform the Court of the fact that the final judgments in their favour had been enforced. They therefore requested the Court to reject the applications as an abuse of the right of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.
The applicants did not dispute the facts as presented by the Government.
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 Čaluk and Others v. Bosnia and Herzegovina (dec.) [Committee], nos. 3927/15 and 63 others, §§ 18-19, 25 September 2018).
Turning to the present case, the Court observes that the domestic decisions under consideration were fully enforced in respect of some of the applicants before notice of the applications was given to the Government (see the appended table). The applicants did not inform the Court about that development. The Court learned about it only from the Government’s observations of 15 September 2020. No convincing explanation for that omission was provided.
Having regard to the fact that the information withheld concerned the very core of the applications, 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 the light of the foregoing, the Court considers that the present applications constitute an abuse of the right of individual application within the meaning of Article 35 § 3 (a) in fine of the Convention. They must therefore be rejected in accordance with Article 35 § 4 of the Convention.
For these reasons, the Court, unanimously,
Decides to join the applications;
Declares the applications inadmissible.
Done in English and notified in writing on 15 April 2021.
{signature_p_2}
Viktoriya MaradudinaArmen Harutyunyan
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
Year of birth
Relevant domestic decision
Start date of non-enforcement period
End date of non-enforcement period
Length of enforcement proceedings
37991/19
25/06/2019
(16 applicants)
Muamer MAKAŠ
1976
Nedžad BUŽO
1972
Zoran SAVIĆ
1976
Bego TUFO
1972
Dževad PALAVRA
1972
Nijaz HUMIĆ
1972
Almir JAMAK
1968
Zufer BALIĆ
1967
Amir HAŠIMOVIĆ
1968
Aleksej VASILJEVIĆ
1974
Alem SUBAŠIĆ
1973
Goran KELIĆ
1972
Vahudin HODŽIĆ
1970
Natko RAIĆ
1981
Mirsad KABULOVIĆ
1965
Miroslav RODIN
1953
Sarajevo Municipal Court,
02/03/2018
28/06/2018
04/06/2020 (for the applicant HODŽIĆ),
1 year(s) and 11 month(s) and 8 day(s)
26/02/2020 (for the applicant RAIĆ),
1 year(s) and 7 month(s) and 30 day(s)
26/02/2020 (for the applicant KABULOVIĆ),
1 year(s) and 7 month(s) and 30 day(s)
11/11/2019 (for the applicant RODIN),
1 year(s) and 4 month(s) and 15 day(s)
pending (for the remaining applicants)
More than 2 year(s) and 8 month(s) and 1 day(s)
41449/19
19/07/2019
(14 applicants)
Mevludin KALJANAC
1964
Jasminka KURTOVIĆ
1974
Danijela PRIMORAC
1973
Gordana RAJEVIĆ-RADOVIĆ
1970
Ismir SILAJDŽIĆ
1981
Zijad VATREŠ
1973
Stelica HRGIĆ-GRAPČANOVIĆ
1963
Bruno FRANJIĆ
1964
Adem ČELIK
1959
Alija KOTAREVIĆ
1962
Elmira KARAHASANOVIĆ
1958
Maja MARTINOVIĆ-MUK
1979
Alma UŠANOVIĆ
1977
Adnan MEMIŠEVIĆ
1979
Sarajevo Municipal Court,
27/06/2016
20/10/2016
pending (for the remaining applicants)
More than 4 year(s) and 4 month(s) and 9 day(s)
18/12/2019 (for the applicant MEMIŠEVIĆ),
3 year(s) and 1 month(s) and 29 day(s)
41460/19
19/07/2019
(15 applicants)
Mevludin KALJANAC
1964
Danijela PRIMORAC
1973
Ismir SILAJDŽIĆ
1981
Stelica HRGIĆ-GRAPČANOVIĆ
1963
Adem ČELIK
1959
Alija KOTAREVIĆ
1962
Muamer KAVAZOVIĆ
1974
Nina KNEŽEVIĆ
1975
Mevludin HAJDAR
1964
Avni RIZVIĆ
1977
Selma SILAJDŽIĆ
1958
Muhidin RAŠIDOVIĆ
1976
Adnan MEMIŠEVIĆ
1979
Ivica PEROVIĆ
1962
Adnan IKANOVIĆ
1980
Sarajevo Municipal Court,
14/06/2016
29/08/2016
13/05/2020 (for the applicant RAŠIDOVIĆ),
3 year(s) and 8 month(s) and 15 day(s)
18/12/2019 (for the applicant MEMIŠEVIĆ),
3 year(s) and 3 month(s) and 20 day(s)
19/06/2020 (for the applicant PEROVIĆ),
3 year(s) and 9 month(s) and 22 day(s)
29/06/2020 (for the applicant IKANOVIĆ),
3 year(s) and 10 month(s) and 1 day(s)
pending (for the remaining applicants)
More than 4 year(s) and 6 month(s) and 1 day(s)
41462/19
18/07/2019
(18 applicants)
Verica GOLIJANIN
1965
Semina FETAHOVIĆ
1980
Elmedina AHMETHODŽIĆ
1981
Muhamed MUJIĆ
1968
Mustafa BUKVA
1973
Mirsad ŠLJIVO
1968
Edin FAZLIĆ
1981
Alan TRTIĆ
1976
Saša PETROVIĆ
1978
Ajlana KRUPIĆ
1976
Aida MAŠIĆ
1985
Almir PIKNJAČ
1972
Milomir PANDUREVIĆ
1977
Đenana SARAJLIĆ-LAGUMDŽIJA
1969
Srđan MIČIĆ
1980
Sanela FAZLIĆ KULOVAC
1979
Ermin ZUKO
1978
Mirza HADŽIĆ
1975
Sarajevo Municipal Court,
28/10/2015
09/03/2016
11/06/2020 (for the applicant FAZLIĆ KULOVAC),
4 year(s) and 3 month(s) and 3 day(s)
28/05/2020 (for the applicant ZUKO),
4 year(s) and 2 month(s) and 20 day(s)
in 2016 (for the applicant HADŽIĆ),
Less than 1 year
pending (for the remaining applicants)
More than 4 year(s) and 11 month(s) and 20 day(s)
41526/19
17/07/2019
(11 applicants)
Ismir SILAJDŽIĆ
1981
Jasminka KURTOVIĆ
1974
Mevludin KALJANAC
1964
Danijela PRIMORAC
1973
Gordana RAJEVIĆ-RADOVIĆ
1970
Zijad VATREŠ
1973
Bruno FRANJIĆ
1964
Muamera HAŠIMBEGOVIĆ
1975
Raza MUHAREMOVIĆ
1962
Edin KURTOVIĆ
1975
Adnan MEMIŠEVIĆ
1979
Sarajevo Municipal Court,
27/06/2014
04/04/2016
18/12/2019 (for the applicant MEMIŠEVIĆ),
3 year(s) and 8 month(s) and 15 day(s)
pending (for the remaining applicants)
More than 4 year(s) and 10 month(s) and 25 day(s)
47038/19
29/07/2019
Jasmina HERCEGOVAC
1956
Sabina RIBICA
1962
Sarajevo Municipal Court),
04/07/2016
07/11/2016
01/10/2019 (for the applicant HERCEGOVAC)
2 year(s) and 10 month(s) and 25 day(s)
pending (for the applicant RIBICA)
More than 4 year(s) and 3 month(s) and 22 day(s)
53033/19
27/09/2019
(20 applicants)
Spomenko PLAKALOVIĆ
1983
Dragan PUCE
1955
Vladimir TADIĆ
1982
Senad HADŽIABDIĆ
1971
Radosava KANLIĆ
1950
Enisa OMEROVIĆ
1970
Mevlida POLJAK
1971
Sahra ŠENDEROVIĆ
1958
Uma ŽERIĆ
1949
Borislav BALABAN
1966
Mirhad MUJKIĆ
1961
Nedim AJETOVIĆ
1967
Refik MURATSPAHIĆ
1979
Anel BRULIĆ
1989
Kenan KAPETANOVIĆ
1972
Mustafa ZEC
1975
Zemina ĆATIĆ
1962
Ramiz ALIMANOVIĆ
1961
Ramiza GLUŠAC
1962
Zdravko ČOLO
1953
Sarajevo Municipal Court,
12/02/2016
15/04/2016
06/01/2020 (for the applicant KAPETANOVIĆ),
3 year(s) and 8 month(s) and 23 day(s)
26/02/2020 (for the applicant ZEC),
3 year(s) and 10 month(s) and 12 day(s)
26/02/2020 (for the applicant ĆATIĆ),
3 year(s) and 10 month(s) and 12 day(s)
10/04/2020 (for the applicant ALIMANOVIĆ),
3 year(s) and 11 month(s) and 27 day(s)
11/06/2020 (for the applicant GLUŠAC),
4 year(s) and 1 month(s) and 28 day(s)
25/10/2019 (for the applicant ČOLO),
3 year(s) and 6 month(s) and 11 day(s)
pending (for the remaining applicants)
More than 4 year(s) and 10 month(s) and 14 day(s)
53035/19
27/09/2019
(22 applicants)
Marinko KOSORIĆ
1971
Senad KADIĆ
1983
Spomenko PLAKALOVIĆ
1983
Vladimir TADIĆ
1982
Anel BRULIĆ
1989
Suad CERIĆ
1971
Mladen KLJAJIĆ
1967
Amer ĐEDOVIĆ
1979
Mladen BAKULA
1985
Željko MARTIĆ
1969
Edin ČELIK
1975
Ratko LJEŠNIĆ
1971
Amer BRULIĆ
1984
Željko GLAVOČEVIĆ
1972
Admir ĆULOV
1983
Ibro BEŠLIJA
1975
Almir OSMANOVIĆ
1977
Eldin PENJO
1991
Edin DARDAGAN
1974
Dubravka TODOROVIĆ
1982
Armin ĐOZO
1988
Muharem POTUROVIĆ
1983
Sarajevo Municipal Court,
12/10/2016
01/12/2016
03/06/2020 (for the applicant OSMANOVIĆ),
3 year(s) and 6 month(s) and 3 day(s)
21/10/2019 (for the applicant PENJO),
2 year(s) and 10 month(s) and 21 day(s)
12/12/2019 (for the applicant DARDAGAN),
3 year(s) and 12 day(s)
27/12/2019 (for the applicant TODOROVIĆ),
3 year(s) and 27 day(s)
12/12/2019 (for the applicant ĐOZO),
3 year(s) and 12 day(s)
11/06/2020 (for the applicant POTUROVIĆ),
3 year(s) and 6 month(s) and 11 day(s)
pending (for the remaining applicants)
More than 4 year(s) and 3 month(s)
57895/19
25/10/2019
(4 applicants)
Hata HASANBEGOVIĆ
1964
Rasema DOLJANČIĆ
1956
Amira ZELIĆ
1959
Ahmet ABDAGIĆ
1973
Sarajevo Municipal Court,
05/05/2014
20/01/2016
14/05/2020 (for the applicant HASANBEGOVIĆ),
4 year(s) and 3 month(s) and 25 day(s)
14/05/2020 (for the applicant DOLJANČIĆ),
4 year(s) and 3 month(s) and 25 day(s)
30/01/2020 (for the applicant ZELIĆ),
4 year(s) and 11 day(s)
pending (for the applicant ABDAGIĆ)
More than 5 year(s) and 1 month(s) and 9 day(s)
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