Přehled
Rozhodnutí
FOURTH SECTION
DECISION
Application no. 5802/19
Fatima ČORBIĆ against Bosnia and Herzegovina
and 17 other applications
(see appended table)
The European Court of Human Rights (Fourth Section), sitting on 19 May 2022 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, 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 and their representatives is set out in the appended table.
The applicants’ complaints under Article 6 § 1 of the Convention concerning the excessive length of civil and administrative proceedings and under Article 13 of the Convention concerning the lack of an effective remedy for complaints about the length of pending proceedings (see Delić v. Bosnia and Herzegovina, no. 59181/18, 2 March 2021), were communicated to the Government of Bosnia and Herzegovina (“the Government”).
Following the death of the applicant, Mr Brajko Husanović (application no. 28280/19), his heir, Derviša Husanović, declared her wish to pursue the application in his stead. The Government did not object. Having regard to its well-established case-law in this respect (see Malhous v. the Czech Republic (dec.) [GC], no. 33071/96, ECHR 2000-XII, and Murray v. the Netherlands [GC], no. 10511/10, § 79, ECHR 2016, with further references), the Court accepts that Mrs Husanović, has standing to pursue the application on behalf of late Mr Brajko Husanović.
The Court received the 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, 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 that Ms Derviša Husanović, the heir of the late applicant, Mr Brajko Husanović (application no. 28280/19), has locus standi in the proceedings;
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 9 June 2022.
Viktoriya Maradudina Armen Harutyunyan
Acting Deputy Registrar President
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention
(excessive length of civil and/or administrative proceedings)
No. | Application no. | Applicant’s name Year of birth | Representative’s name and location | Other complaints under well-established case-law | 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] 2 | Amount awarded for costs and expenses per application (in euros)3 |
5802/19 26/12/2018 | Fatima ČORBIĆ 1959 | Salkanović Haris Živinice | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 01/04/2022 | 20/12/2021 | 1,500 | 250 | |
6369/19 24/12/2018 | Šefik DELIĆ 1957 | Salkanović Haris Živinice | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 01/04/2022 | 20/12/2021 | 600 | 250 | |
15124/19 04/03/2019 | Željko SUBOTIĆ 1965 Boško VITKOVIĆ 1954 | Ljubojević-Đurić Rafaela Gradiška | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 17/02/2022 | 19/01/2022 | 10,100 | 250 | |
21462/19 10/04/2019 | Emir RAŠČIĆ 1966 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,700 | 250 | |
21467/19 10/04/2019 | Bajram PEŠKOVIĆ 1963 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 1,200 | 250 | |
21474/19 10/04/2019 | Jasmina ŠEKO 1959 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,700 | 250 | |
21479/19 10/04/2019 | Mervana HADŽIMURTEZIĆ 1957 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,300 | 250 | |
23686/19 19/04/2019 | Mehmed BEKTO 1952 Azem ĐIP 1960 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,000 | 250 | |
23704/19 19/04/2019 | Maja DRMAĆ 1964 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,700 | 250 | |
23741/19 23/04/2019 | Šćepan RAGUŽ 1955 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,300 | 250 | |
23754/19 23/04/2019 | Emina SELMAN 1964 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,300 | 250 | |
28280/19 14/05/2019 | Brajko HUSANOVIĆ Year of birth: 1964 Date of death: 01/01/2022 Pursued by heir: Derviša Husanović 1953 | Salkanović Haris Živinice | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 01/04/2022 | 20/12/2021 | 1,200, to be paid to the applicant’s heir Derviša Husanović | 250 | |
32409/19 11/06/2019 | Pejo JANJIĆ 1965 | Eterović Omar Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 07/04/2022 | 2,700 | 250 | |
47119/19 28/08/2019 (3 applicants) | Ramiz DŽAFEROVIĆ 1959 Belma IZMIRLIJA / Dubravka BOŠNJAK / | Galijatović Alija Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 21/12/2021 | 2,000 | 250 | |
7627/20 13/01/2020 | Edis MUJKANOVIĆ 1981 | Salkanović Haris Živinice | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 01/04/2022 | 20/12/2021 | 2,000 | 250 | |
25867/20 18/03/2020 | Ahmet HALILOVIĆ 1944 | Hadžiomerović Dženana Sarajevo | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 09/02/2022 | 13/04/2022 | 5,400 | 250 | |
51233/20 03/11/2020 | Nusret ŠABANOVIĆ 1962 | Salkanović Haris Živinice | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 01/04/2022 | 20/12/2021 | 1,200 | 250 | |
51437/20 02/11/2020 | Denis MUJKIĆ 1983 | Salkanović Haris Živinice | Art. 13 - lack of any effective remedy in domestic law in respect of excessive length of pending proceedings | 01/04/2022 | 20/12/2021 | 2,000 | 250 |
[1] Plus any tax that may be chargeable to the applicants.
2 Less any amounts which may have already been paid in that regard at the domestic level.
3 Plus any tax that may be chargeable to the applicants.