Communicated on 16 October 2020
Published on 2 November 2020
FOURTH SECTION
Application no. 57625/19
Nerkesa ZIJADIĆ
against Bosnia and Herzegovina
lodged on 8 January 2020
SUBJECT MATTER OF THE CASE
The applicant has been detained in the Drin social care home on the basis of an administrative decision since 2001. Regardless of the well-established case-law of this Court (Hadžimejlić and Others v. Bosnia and Herzegovina, nos. 3427/13 and 2 others, 3 November 2015) and a Constitutional Court’s decision in her favour of 9 October 2013, the necessity of the applicant’s compulsory admission has never been examined by the competent court. While invoking various articles of the Convention, the applicant complains in substance about the lawfulness of her detention.
QUESTIONS TO THE PARTIES
1. Is the applicant’s detention in the Drin social care home in accordance with “a procedure prescribed by law” within the meaning of Article 5 § 1 of the Convention (see Hadžimejlić and Others v. Bosnia and Herzegovina, nos. 3427/13 and 2 others, §§ 51-59, 3 November 2015)?
2. The Government are requested to indicate whether the applicant owns any property and whether she receives any social benefits. The Government are also requested to submit a copy of all reports concerning the applicant’s situation submitted by her guardian to the relevant social care authorities.
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