CASE OF MIŠKOVIĆ 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)
George Nicolaou;Zdravka Kalaydjieva
6. The applicant lives in Bosnia and Herzegovina. 7. By a judgment of the Prijedor Court of First Instance of 24 November 2000 which became final on 12 January 2001, the Republika Srpska (an Entity of Bosnia and Herzegovina) was ordered to pay, within 15 days, 7,000 convertible marks (BAM) in respect of non-pecuniary damage and BAM 600 in respect of pecuniary damage together with default interest at the statutory rate to the applicant. 8. The Banja Luka Court of First Instance issued a writ of execution (rješenje o izvršenju) on 24 August 2001. 9. The applicant complained of non-enforcement to the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”). On 20 December 2005 the Constitutional Court found a breach of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention. The applicant did not claim compensation, but even if she had done so, her claim would most likely have been refused (see, for example, the Constitutional Court’s decisions AP 774/04 of 20 December 2005, § 438; AP 557/05 of 12 April 2006, §195; AP 1211/06 of 13 December 2007, §79; AP 224/08 of 8 December 2010, §37). 10. After the extensive information campaign explaining the available options for the settlement of the Republika Srpska’s public debt (including its debt arising from domestic judgments), on 25 April 2012 the applicant informed the authorities that she agreed to be paid the principal debt and default interest in bonds. Government bonds were then issued to the applicant on 31 May 2012. On 17 September 2012 the applicant sold all of her bonds on the Stock Exchange.