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.
Date of introduction

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.