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You are here: BAILII >> Databases >> European Court of Human Rights >> VUCETIC AND OTHERS v. BOSNIA AND HERZEGOVINA - 25698/15 (Judgment : Article 6 - Right to a fair trial : Fourth Section Committee) [2019] ECHR 338 (09 May 2019) URL: http://www.bailii.org/eu/cases/ECHR/2019/338.html Cite as: ECLI:CE:ECHR:2019:0509JUD002569815, CE:ECHR:2019:0509JUD002569815, [2019] ECHR 338 |
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FOURTH SECTION
CASE OF VUČETIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA
( Application no. 25698/15and 7 others -
see appended list )
JUDGMENT
STRASBOURG
9 May 2019
This judgment is final but it may be subject to editorial revision.
In the case of Vučetić and Others v. Bosnia and Herzegovina ,
The European Court of Human Rights ( Fourth Section ), sitting as a Committee composed of:
Georges Ravarani,
President,
Marko
Bošnjak
,
Péter
Paczolay
,
judges,
and
Liv
Tigerstedt
,
Acting
Deputy Section Registrar
,
THE FACTS
3. The list of applicant s and the relevant details of the applications are set out in the appended table. 4. The applicant s complained of the non-enforcement of domestic decisions .THE LAW
I. JOINDER OF THE APPLICATIONS
5. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.II. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1
6. The applicant s complained of the non-enforcement of domestic decisions given in their favour . They relied, expressly or in substance, on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1 , which read as follows:Article 6 § 1
"In the determination of his civil rights and obligations ... everyone is entitled to a fair ... hearing ... by [a] ... tribunal ..."
Article 1 of Protocol No. 1
"Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties."
7. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a "hearing" for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece , no. 18357/91, § 40, Reports of Judgments and Decisions 1997 - II). 8. In the leading cases of Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15and 15 others, §§ 25-31, 14 November 2017, and Kunić and Others v. Bosnia and Herzegovina, nos. 68955/12and 15 others, §§ 26 - 31, 14 November 2017, the Court already found a violation in respect of issues similar to those in the present case. 9. The Court further notes that the decisions in the present applications ordered specific action to be taken. The Court therefore considers that the decisions in question constitute "possessions" within the meaning of Article 1 of Protocol No. 1. 10. Having examined all the material submitted to it, the Court has not found any fact or argument capable of persuading it to reach a different conclusion on the admissibility and merits of these complaints. Having regard to its case-law on the subject, the Court considers that in the instant case the authorities did not deploy all necessary efforts to enforce fully and in due time the decisions in the applicant s ' favour. 11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 .III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
12. Article 41 of the Convention provides:"If the Court finds that there has been a violation of the Convention or the Protocols thereto, and if the internal law of the High Contracting Party concerned allows only partial reparation to be made, the Court shall, if necessary, afford just satisfaction to the injured party."
13. Regard being had to the documents in its possession and to its case - law (see, in particular, Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15and 15 others, §§ 36-43, 14 November 2017, and Kunić and Others v. Bosnia and Herzegovina, nos. 68955/12and 15 others, §§ 37 - 46, 14 November 2017), the Court considers it reasonable to award the sums indicated in the appended table. 14. The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable . 15. The Court considers it appropriate that the default interest rate should be based on the marginal lending rate of the European Central Bank, to which should be added three percentage points.FOR THESE REASONS, THE COURT , UNANIMOUSLY,
1. Decides to join the applications;
2. Declares the applications admissible;
3. Holds that these applications disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement of domestic decisions ;
4. Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decisions referred to in the appended table;
5. Holds
(a) that the respondent State is to pay the applicant s , within three months, the amounts indicated in the appended table, to be converted into the currency of the respondent State at the rate applicable at the date of settlement;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
Done in English, and notified in writing on 9 May 2019 , pursuant to Rule 77 §§ 2 and 3 of the Rules of Court.
Liv
Tigerstedt
Georges
Ravarani
Acting D
eputy Registrar
President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1
( non-enforcement or delayed enforcement of domestic decisions )
|
Application no. Date of introduction |
Applicant ' s name Date of birth |
Representative ' s name and location |
Relevant domestic decision |
Start date of non-enforcement period |
Length of enforcement proceedings |
Amount awarded for non-pecuniary damage per applicant (in euros) [1] |
Amount awarded for costs and expenses per application (in euros) [2] | |
|
|
14/05/2015 |
Biljana Vučetić 05/05/1961 |
Plavšić Radmila Banja Luka |
Bihać First Instance Court, 12/12/2008
|
02/02/2009
|
pending More than 10 year(s) and 1 month(s) and 11 day(s)
|
1,000 |
350 |
|
|
18/07/2015 |
Fahira Ćano 18/03/1948 |
|
Sanski Most First Instance Court, 28/02/2007
Sanski Most First Instance Court, 26/12/2008
Sanski Most First Instance Court, 29/08/2011
Sanski Most First Instance Court, 16/09/2011
|
11/04/2007
24/01/2011
21/11/2012
28/02/2013
|
pending More than 11 year(s) and 11 month(s) and 2 day(s)
pending More than 8 year(s) and 1month(s) and 17 day(s)
pending More than 6 year(s) and 3 month(s) and 20 day(s)
pending More than 6 year(s) and 13 day(s)
|
1,000 |
|
|
|
16/09/2015 |
Silvije Čelan 23/12/1974 |
|
Bihać First Instance Court, 11/10/2006
Bihać First Instance Court, 23/12/2010
|
31/10/2007
09/05/2011
|
pending More than 11 year(s) and 4 month(s) and 13 day(s)
pending More than 7 year(s) and 10 month(s) and 4 day(s)
|
1,000 |
|
|
|
15/09/2015 |
Jasmin Nuhagić 24/09/1969 |
|
Bihać First Instance Court, 07/07/2006 Bihać First Instance Court, 26/10/2007
|
15/07/2008
25/06/2009
|
pending More than 10 year(s) and 7 month(s) and 26 day(s) pending More than 9 year(s) and 8 month(s) and 16 day(s)
|
1,000 |
|
|
|
07/04/2016 |
Murisa Smajlović 27/05/1957 |
|
Sanski Most First Instance Court, 28/02/2007
Sanski Most First Instance Court, 16/11/2006
Sanski Most First Instance Court, 18/04/2008
Sanski Most First Instance Court, 12/10/2010
Sanski Most First Instance Court, 14/10/2011 Sanski Most First Instance Court, 25/08/2015
|
16/04/2007
11/05/2007
12/08/2008
20/02/2012
22/02/2013
02/03/2016
|
pending More than 11 year(s) and 10 month(s) and 25 day(s)
pending More than 11 year(s) and 10 month(s) and 2 day(s)
pending More than 10 year(s) and 7 month(s) and 1 day(s)
pending More than 7 year(s) and 21 day(s)
pending More than 6 year(s) and 19 day(s) pending More than 3 year(s) and 11 day(s)
|
1,000 |
|
|
|
07/04/2016 |
Sabid Smajlović 23/08/1943 |
|
Sanski Most First Instance Court, 16/11/2006
Sanski Most First Instance Court, 16/11/2006
Sanski Most First Instance Court, 29/02/2008
Sanski Most First Instance Court, 22/02/2011 Sanski Most First Instance Court, 10/04/2012
Sanski Most First Instance Court, 10/04/2012
|
11/05/2007
11/05/2007
18/08/2008
18/04/2012
10/06/2013
29/01/2014
|
pending More than 11 year(s) and 10 month(s) and 2 day(s)
pending More than 11 year(s) and 10 month(s) and 2 day(s)
pending More than 10 year(s) and 6 month(s) and 23 day(s)
pending More than 6 year(s) and 10 month(s) and 23 day(s) pending More than 5 year(s) and 9 month(s) and 3 day(s)
pending More than 5 year(s) and 1 month(s) and 13 day(s)
|
1,000 |
|
|
|
15/03/2017 |
Jusuf Jušić 03/08/1948 |
|
Velika Kladuša First Instance Court, 29/07/2008
Velika Kladuša First Instance Court, 17/12/2014 Velika Kladuša First Instance Court, 11/04/2016
|
23/01/2009
17/02/2016
27/05/2016
|
pending More than 10 year(s) and 1 month(s) and 18 day(s)
pending More than 3 year(s) and 24 day(s) pending More than 2 year(s) and 9 month(s) and 14 day(s)
|
1,000 |
|
|
|
25/07/2017 |
Ismet Kočan 03/07/1942 |
Kočan Emir Kozarska Dubica |
Sanski Most First Instance Court, 04/10/2011
Sanski Most First Instance Court, 20/03/2013
Sanski Most First Instance Court, 03/09/2015
Sanski Most First Instance Court, 28/12/2007
Sanski Most First Instance Court, 18/01/2010
|
20/03/2013
07/04/2015
12/01/2016
09/02/2016
19/02/2016
|
pending More than 5 year(s) and 11 month(s) and 21 day(s)
pending More than 3 year(s) and 11 month(s) and 6 day(s)
pending More than 3 year(s) and 2 month(s) and 1 day(s)
pending More than 3 year(s) and 1 month(s) and 4 day(s)
pending More than 3 year(s) and 22 day(s)
|
1,000 |
|
[1] . Plus any tax that may be chargeable to the applicants .
[2] . Plus any tax that may be chargeable to the applicants .