FOURTH SECTION
\nCASE OF DURAKOVI\u0106 AND KRE\u0160TALICA v. BOSNIA AND HERZEGOVINA
\n(Applications nos. 61555\/19 and 61795\/19)
\nJUDGMENT
\nSTRASBOURG
\n11 February 2021<\/p>\n
This judgment is final but it may be subject to editorial revision.<\/p>\n
In the case of Durakovi\u0107and Kre\u0161talicav. Bosnia and Herzegovina,<\/strong><\/p>\n The European Court of Human Rights (Fourth Section), sitting as a Committee composed of:<\/p>\n Armen Harutyunyan, President, Having deliberated in private on 21 January 2021,<\/p>\n Delivers the following judgment, which was adopted on that date:<\/p>\n PROCEDURE<\/strong><\/p>\n 1. The case originated in two applications against Bosnia and Herzegovina lodged with the Court under Article\u00a034 of the Convention for the Protection of Human Rights and Fundamental Freedoms (\u201cthe Convention\u201d) on the date indicated in the appended table.<\/p>\n 2. The applicants were represented by Mr O. Eterovi\u0107, a lawyer practising in Sarajevo.<\/p>\n 3. The Government of Bosnia and Herzegovina (\u201cthe\u00a0Government\u201d) were given notice of the applications.<\/p>\n THE FACTS<\/strong><\/p>\n 4. The list of applicants and the relevant details of the applications are set out in the appended table.<\/p>\n 5. The applicants complained of the non-enforcement of domestic decisions.<\/p>\n THE LAW<\/strong><\/p>\n I. JOINDER OF THE APPLICATIONS<\/p>\n 6. Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single judgment.<\/p>\n II. ALLEGED VIOLATION OF ARTICLE\u00a06 \u00a7 1 OF THE CONVENTION AND OF ARTICLE\u00a01 OF PROTOCOL No.\u00a01<\/p>\n 7. The applicants complained of the non-enforcement of domestic decisions given in their favour. They relied, expressly or in substance, on Article 6 \u00a7 1 of the Convention and Article\u00a01 of Protocol No.\u00a01, which read as follows:<\/p>\n Article 6 \u00a7 1<\/p>\n \u201cIn the determination of his civil rights and obligations … everyone is entitled to a fair … hearing … by [a] … tribunal …\u201d<\/p>\n Article 1 of Protocol No. 1<\/p>\n \u201cEvery 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.<\/p>\n 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.\u201d<\/p>\n 8. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a \u201chearing\u201d for the purposes of Article\u00a06. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v.\u00a0Greece, no.\u00a018357\/91, \u00a7\u00a040, Reports of Judgments and Decisions 1997\u2011II).<\/p>\n 9. In the leading cases of Spahi\u0107 and Others v. Bosnia and Herzegovina, nos. 20514\/15 and 15 others, \u00a7\u00a7 25-31, 14 November 2017, and Kuni\u0107 and Others v. Bosnia and Herzegovina, nos. 68955\/12 and 15 others, \u00a7\u00a7 26-31, 14 November 2017, the Court already found a violation in respect of issues similar to those in the present case.<\/p>\n 10. 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 \u201cpossessions\u201d within the meaning of Article\u00a01 of Protocol No. 1.<\/p>\n 11. 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 applicants\u2019 favour.<\/p>\n 12. These complaints are therefore admissible and disclose a breach of Article\u00a06 \u00a7 1 of the Convention and Article 1 of Protocol No.\u00a01.<\/p>\n III. APPLICATION OF ARTICLE 41 OF THE CONVENTION<\/p>\n 13. Article 41 of the Convention provides:<\/p>\n \u201cIf 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.\u201d<\/p>\n 14. Regard being had to the documents in its possession and to its case\u2011law (see, in particular, Spahi\u0107 and Others v. Bosnia and Herzegovina, nos. 20514\/15 and 15 others, \u00a7\u00a7 36-43, 14 November 2017, and Kuni\u0107 and Others v. Bosnia and Herzegovina, nos. 68955\/12 and 15 others, \u00a7\u00a7 37-46, 14 November 2017), the Court considers it reasonable to award the sums indicated in the appended table.<\/p>\n 15. The Court further notes that the respondent State has an outstanding obligation to enforce the judgments which remain enforceable.<\/p>\n 16. 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.<\/p>\n FOR THESE REASONS, THE COURT, UNANIMOUSLY,<\/strong><\/p>\n 1. Decides to join the applications;<\/p>\n 2. Declares the applications admissible;<\/p>\n 3. Holds that these applications disclose a breach of Article\u00a06 \u00a7 1 of the Convention and Article 1 of Protocol No.\u00a01 concerning the non-enforcement of domestic decisions;<\/p>\n 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;<\/p>\n 5. Holds<\/p>\n (a) that the respondent State is to pay the applicants, 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;<\/p>\n (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.<\/p>\n Done in English, and notified in writing on 11 February 2021, pursuant to Rule\u00a077\u00a0\u00a7\u00a7\u00a02 and\u00a03 of the Rules of Court.<\/p>\n Liv Tigerstedt \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0Armen Harutyunyan ____________<\/p>\n APPENDIX<\/strong>
\nJolien Schukking,
\nAna Maria Guerra Martins, judges,
\nand Liv Tigerstedt, Acting Deputy Section Registrar,<\/p>\n
\nActing Deputy Registrar \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0President<\/p>\n
\nList of applications raising complaints under Article 6 \u00a7 1 of the Convention and Article 1 of Protocol No. 1
\n(non-enforcement or delayed enforcement of domestic decisions)<\/p>\n