FOURTH SECTION
DECISION
Application no. 23795/19
Fadila PEŠTELIĆ against Bosnia and Herzegovina
and 2 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 15 October 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 regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The list of applicants is set out in the appended table.
The applicants’ complaints concerning access to the Constitutional Court and the outcome of civil proceedings were communicated to the Government of Bosnia and Herzegovina (“the Government”) under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention.
The Court received the friendly-settlement declarations 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 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 5 November 2020.
Liv TigerstedtArmen Harutyunyan
Acting Deputy RegistrarPresident
APPENDIX
List of applications raising complaints under Articles 6 § 1 and 13 of the Convention and Article 1 of Protocol No. 1
(access to the Constitutional Court and the outcome of civil proceedings)
No.
Application no.
Date of introduction
Applicant’s name
Year of birth
Representative’s name and location
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]
Amount awarded for costs and expenses per application
(in euros)[2]
23795/19
24/04/2019
Fadila PEŠTELIĆ
1954
Softić Ćamil
Banovići
14/09/2020
01/09/2020
1,000
250
23809/19
24/04/2019
Azra MODRIĆ
1953
Softić Ćamil
Banovići
14/09/2020
01/09/2020
1,000
250
44353/19
05/08/2019
Miodrag BOŽIĆ
1961
Kovačević Vladimir
Banja Luka
14/09/2020
18/09/2020
1,000
250
[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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