THIRD SECTION
DECISION
Application no. 63881/13
Umihana RAMOVIĆ against Serbia
and 10 other applications
(see list appended)
The European Court of Human Rights (Third Section), sitting on 2 September 2014 as a Committee composed of:
Ján Šikuta, President,
Dragoljub Popović,
Iulia Antoanella Motoc, judges,
and Marialena Tsirli, Deputy Section Registrar,
Having regard to the above applications lodged between 19 September and 1 October 2013,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
THE FACTS AND PROCEDURE
The applicants’ personal details are set out in the appended table. They were all represented by Ms R. Garibović, a lawyer practising in Novi Pazar. The Serbian Government ("the Government") were represented by their Agent, Ms V. Rodić.
Relying on Articles 6 and 13 of the Convention and Article 1 of Protocol No. 1 to the Convention, the applicants complained about the respondent State’s failure to enforce final court decisions rendered in their favour against a socially/State-owned company.
Between 3 January and 4 June 2014 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Serbia in respect of the facts giving rise to these applications against an undertaking by the Government to pay each of them 2,000 EUR (two thousand euros) to cover any non-pecuniary damage as well as costs and expenses, which would be converted into local currency at the rate applicable on the date of payment, and would be free of any taxes that may be applicable. These sums would be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay these sums within the said three-month period, the Government undertook to pay simple interest on them, from 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 parties, furthermore, agreed that within the said three-month period the Government would pay, from their own funds, the sums awarded in the domestic decisions under consideration in the present cases (see table appended), less any amounts which may have already been paid on the basis of the said decisions, plus the costs of the domestic enforcement proceedings. These payments will constitute the final resolution of the cases pending before the European Court of Human Rights.
THE LAW
The Court considers that, in accordance with Rule 42 § 1 of the Rules of Court, the applications should be joined, given their similar factual and legal background.
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 its Protocols and finds no public policy reasons to justify a continued examination of the applications (Article37 § 1 in fine of the Convention).
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.
Marialena TsirliJán Šikuta
Deputy RegistrarPresident
APPENDIX
No.
Application
no. and date of introduction
Applicant name
date of birth
nationality
Final domestic decision details
Enforcement order details
63881/13
24/09/2013
Umihana RAMOVIĆ
15/06/1961
Serbian
Novi Pazar
06/11/2003 and 13/01/2004
Novi Pazar
25/02/2004
63882/13
24/09/2013
Mersija HAČKOVIĆ
28/03/1966
Serbian
Novi Pazar
13/01/2005
12/04/2006
Novi Pazar
21/06/2005 and 26/09/2005
24/05/2006
63885/13
24/09/2013
Nasuf RAMOVIĆ
15/08/1960
Serbian
Novi Pazar
30/10/2007
Novi Pazar
29/01/2008
63998/13
27/09/2013
Mujesira BIHORAC
30/10/1966
Serbian
Novi Pazar
09/07/2007
Novi Pazar
22/01/2008
65815/13
30/09/2013
Milhata SUBAŠIĆ
08/11/1963
Serbian
Novi Pazar
30/03/2011
Novi Pazar
27/08/2012
65837/13
30/09/2013
Hadija HAMIDOVIĆ
01/04/1964
Serbian
Novi Pazar
31/10/2006
31/10/2011
Novi Pazar
26/02/2007
20/03/2012
65840/13
01/10/2013
Bisera HADROVIĆ
19/04/1961
Serbian
Novi Pazar
31/12/2007
Novi Pazar
15/06/2011
66386/13
19/09/2013
Sabaheta KARIŠIK
20/03/1958
Serbian
Novi Pazar
31/12/2007
Novi Pazar
22/06/2011
66554/13
20/09/2013
Hadžira BIŠEVAC
27/09/1955
Serbian
Novi Pazar
02/07/2004
06/04/2005
21/03/2006
07/03/2007
Novi Pazar
22/02/2005 and 20/02/2006
28/04/2006
16/05/2006
01/06/2007
66780/13
23/09/2013
Ćama ZUMBEROVIĆ
02/08/1956
Serbian
Novi Pazar
07/05/2007
Novi Pazar
12/06/2007
66782/13
23/09/2013
Muhra BIHORAC
25/12/1966
Serbian
Novi Pazar
14/03/2007
Novi Pazar
24/05/2007
Full & Egal Universal Law Academy