FOURTH SECTION
DECISION
Applications nos. 30675/08, 37254/08, 37264/08, 50424/08 and 52963/08
by Anto ZEČEVIĆ, Rasim ODOBAŠIĆ, Žarko ČULJAK, Ismet KUKRICA and Adil SKORUPAN
against Bosnia and Herzegovina
lodged between 11 June and 17 October 2008
The European Court of Human Rights (Fourth Section), sitting on 29 June 2010 as a Committee composed of:
Lech Garlicki, President,
Ljiljana Mijović,
Nebojša Vučinić, judges,
and Fatoş Aracı, Deputy Section Registrar,
Having regard to the above applications lodged between 11 June and 17 October 2008,
Having regard to the formal declarations accepting a friendly settlement of the cases,
Having deliberated, decides as follows:
PROCEDURE
The applications were lodged by Mr Anto Zečević, Mr Rasim Odobašić, Mr Žarko Čuljak, Mr Ismet Kukrica and Mr Adil Skorupan, citizens of Bosnia and Herzegovina who were born in 1955, 1964, 1970, 1956 and 1966. It appears that they are still in Zenica Prison Forensic Psychiatric Annex. The applicants were represented before the Court by Mr K. Čelik, a lawyer practising in Sarajevo. The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms M. Mijić.
The applicants complained under Article 5 § 1 (e) of the European Convention on Human Rights of the unlawfulness of their detention in Zenica Prison Forensic Psychiatric Annex. The issues raised by these applications are already the subject of well-established case-law of the Court (see Tokić and Others v. Bosnia and Herzegovina, nos. 12455/04, 14140/05, 12906/06 and 26028/06, 8 July 2008, and Halilović v. Bosnia and Herzegovina, no. 23968/05, 24 November 2009).
On 6 and 22 April 2010 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to these applications against an undertaking by the Government to secure a decision by the competent civil courts on the necessity of the applicants' psychiatric detention and to pay 20,000 euros to each of them to cover any pecuniary and non-pecuniary damage as well as costs and expenses. This sum will be converted into convertible marks at the rate applicable on the date of payment, and will be free of any taxes that may be applicable. It will be payable within three months from the date of notification of the decision taken by the Court pursuant to Article 37 § 1 of the Convention. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, 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. This will constitute the final resolution of the cases.
THE LAW
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 reasons to justify a continued examination of the applications (Article 37 § 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.
Fatos Aracι Lech Garlicki
Deputy RegistrarPresident
Full & Egal Universal Law Academy