FOURTH SECTION
DECISION
Application no. 12734/19
Zahid MALKOČ against Bosnia and Herzegovina
and 11 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 17 December 2020 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Liv Tigerstedt, Acting Deputy Section Registrar,
Having regard to the above applications lodged on the various dates indicated in the appended table,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants were represented by Ms H. Kapetan, a lawyer practising in Travnik.
The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions against the Una-Sana Canton were communicated to the Government of Bosnia and Herzegovina (“the Government”).
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 has recently examined the leading case concerning the non-enforcement of domestic decisions against the Una-Sana Canton (see Šarganović and Others v. Bosnia and Herzegovina (dec.), nos. 28251/18 and 19 others, 3 December 2020). Having noted that the Una-Sana Canton had adopted an action plan, undertaking to enforce all decisions against it in chronological order, by 2040, the Court found that the matter had been resolved. There is no reason to decide otherwise in the present case.
In view of the above, the Court considers that the matter has been resolved within the meaning of Article 37 § 1 (b) of the Convention and that respect for human rights as defined in the Convention and the Protocols thereto does not require it to continue the examination of the applications under Article 37 § 1 in fine.
Accordingly, the applications should be struck out of the list.
For these reasons, the Court, unanimously,
Decides to join the applications;
Decides to strike the applications out of its list of cases.
Done in English and notified in writing on 21 January 2021.
{signature_p_2}
Liv TigerstedtArmen 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
12734/19
27/02/2019
Zahid MALKOČ
1961
Municipal Court in Bihać,
12/10/2006
Municipal Court in Bihać,
01/04/2014
12735/19
27/02/2019
Ismet BRKIĆ
1944
Municipal Court in Bihać,
01/11/2007
Municipal Court in Bihać,
02/03/2012
12736/19
27/02/2019
Lejla MUJADŽIĆ
1980
Municipal Court in Bihać,
20/09/2007
Municipal Court in Bihać,
29/08/2008
12738/19
27/02/2019
Nuho KURTOVIĆ
1961
Municipal Court in Sanski Most,
20/05/2005
Municipal Court in Sanski Most,
29/09/2008
Municipal Court in Sanski Most,
29/09/2008
12739/19
27/02/2019
Đurđica BIŠĆEVIĆ
1948
Municipal Court in Bihać,
17/07/2006
Municipal Court in Bihać,
26/12/2008
12741/19
27/02/2019
Dženana MUJADŽIĆ
1972
Municipal Court in Bihać,
14/02/2008
Municipal Court in Bihać,
22/09/2008
12742/19
27/02/2019
Senija ALAGIĆ
1950
Municipal Court in Bihać,
16/11/2006
Municipal Court in Bihać,
31/01/2011
16037/19
04/03/2019
Mejasa DUPANOVIĆ
1947
Municipal Court in Bihać,
11/04/2005
Municipal Court in Bihać,
20/10/2006
Municipal Court in Bihać,
13/02/2008
Municipal Court in Bihać,
30/05/2012
34089/19
20/06/2019
Franka JURIĆ
1941
Municipal Court in Bihać,
11/04/2005
34093/19
20/06/2019
Aziza ARNAUTOVIĆ
1944
Municipal Court in Bihać,
11/04/2005
Municipal Court in Bihać,
23/11/2005
37531/19
28/06/2019
Nerminka HUSKIĆ-BALIĆ
1977
Municipal Court in Bihać,
15/03/2005
Municipal Court in Bihać,
29/09/2006
Municipal Court in Bihać,
11/11/2009
38181/19
02/07/2019
Ademira TIPURA TIJANOVIĆ
1964
Municipal Court in Bihać,
23/11/2007
Municipal Court in Bihać,
25/06/2010
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