CASE OF ĐURIĆ AND OTHERS v. BOSNIA AND HERZEGOVINA
Violation of Article 6 - Right to a fair trial (Article 6 - Enforcement proceedings;Article 6-1 - Access to court);Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions);Respondent State to take measures of a general character (Article 46-2 - Measures of a general character);Non-pecuniary damage - award (Article 41 - Non-pecuniary damage;Just satisfaction)
George Nicolaou;Ineta Ziemele;Ledi Bianku;Nona Tsotsoria;Paul Mahoney;Zdravka Kalaydjieva
5. By six judgments of the Banja Luka Court of First Instance (“the Court of First Instance”) of 17 February 2000, 25 October 2000, 12 December 2008, 8 July 2003, 11 February 2003 and 31 August 1999, which became final on 15 May 2001, 18 March 2004, 12 January 2009, 30 June 2005 and 4 December 2000 respectively, the Republika Srpska (an Entity of Bosnia and Herzegovina) was ordered to pay, within 15 days, the following amounts in respect of war damage together with default interest at the statutory rate: (i) BAM 21,000 in respect of non-pecuniary damage, BAM 2,300 in respect of pecuniary damage and BAM 2,350 in respect of legal costs to the Đurićs; (ii) BAM 31,000 in respect of non-pecuniary damage, BAM 2,500 in respect of pecuniary damage and BAM 3,570 in respect of legal costs to the Bošnjaks; (iii) BAM 28,000 in respect of non-pecuniary damage, BAM 2,500 in respect of pecuniary damage and BAM 4,470.60 in respect of legal costs to the Bojanićs and Ms Banjac; (iv) BAM 40,000 in respect of non-pecuniary damage and BAM 2,835 in respect of legal costs to the Čolićs; (v) BAM 19,000 in respect of non-pecuniary damage and BAM 600 in respect of legal costs to Mr Lazarević; (vi) BAM 14,000 in respect of non-pecuniary damage, BAM 2,500 in respect of pecuniary damage and BAM 1,810 in respect of legal costs to the Komljenovićs. 6. The Court of First Instance issued writs of execution (rješenje o izvršenju) on 24 August 2001, 16 August 2004, 4 April 2011, 8 August 2007, 27 April 2009 and 28 March 2001. 7. The applicants complained of the non-enforcement to the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”). 8. On 16 January 2013 the Constitutional Court found a breach of Article 6 of the Convention and Article 1 of Protocol No. 1 in the cases of the Đurićs, Mr Lazarević, the Bojanićs and Ms Banjac. In line with its established practice in cases of this type, it refused the applicantsʼ compensation claims, holding that a finding of a violation constituted in itself sufficient just satisfaction. 9. The cases of the Čolićs, the Komljenovićs and the Bošnjaks are still pending before the Constitutional Court. 10. On 10 April 2008, 12 November 2010, 13 December 2010 and 18 July 2008 respectively the Đurićs, the Bošnjaks, the Čolićs, Mr Lazarević and the Komljenovićs were paid legal costs and default interest. 11. Under the new settlement plan (see paragraph 16 below) the Đurićsʼ case was scheduled for enforcement in 2014; the Bošnjaksʼ in 2019; the Bojanićsʼ and Ms Banjacʼs in 2030; the Čolićsʼ in 2024; Mr Lazarevićʼs in 2026; and the Komljenovićsʼ in 2017.