IMSIROVIC AND OTHERS v. BOSNIA AND HERZEGOVINA (European Court of Human Rights)

FOURTH SECTION
DECISION

Applications nos. 78628/17 and 79133/17
Šaha IMŠIROVIĆ against Bosnia and Herzegovina
and SabiraEMKIĆ and Fata EMKIĆ against Bosnia and Herzegovina

The European Court of Human Rights (Fourth Section), sitting on 3 July 2018 as a Committee composed of:

Carlo Ranzoni, President,
Faris Vehabović,
Péter Paczolay, judges,

and Andrea Tamietti, Deputy Section Registrar,

Having regard to the above applications lodged on 3 November 2017 and 6 November 2017 respectively,

Having regard to the formal declarations accepting a friendly settlement of the cases,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1.  The applicant in the first case, (application no. 78628/17) Ms. Šaha Imširović, is a national of Bosnia and Herzegovina, who was born in 1953 and lives in Banovići.

2.  The applicants in the second case, (application no. 79133/17) Ms. Sabira Emkić and Ms. Fata Emkić, are both nationals of Bosnia and Herzegovina, who were born in 1957 and 1947, respectively, and live in GornjiPasci.

3.  All applicants were represented before the Court by Mr H. Salkanović, a lawyer practising in Živinice

4.  The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms. B. Skalonjić.

5.  The applicants complained under Article 6 § 1 of the Convention about the excessive length of civil proceedings concerning damages and various property issues.

6.  On 11 January 2018 and 23 February 2018 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 pay MsŠahaImširović (application no. 78628/17) 750 euros and MsSabiraEmkić and Ms. Fata Emkić (application no. 79133/17) 750 euros jointly to cover any and all non-pecuniary damage, as well as additional 500 euros to MsŠahaImširović and 500 euros to Ms SabiraEmkić and Ms Fata Emkić jointly to cover any and all costs and expenses, which will be converted into the national currency at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court. 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 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.

7.  The payment will constitute the final resolution of the cases.

THE LAW

8.  Having regard to the similar subject matter of the applications, the Court finds it appropriate to order their joinder (Rule 42 § 1 of the Rules of Court).

9.  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. 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 in accordance with Article 39 of the Convention.

Done in English and notified in writing on 26 July 2018.

Andrea Tamietti                                                                    Carlo Ranzoni
Deputy Registrar                                                                       President

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