CASE OF BOKAN 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)
Nona Tsotsoria;Päivi Hirvelä
5. The applicants live in Bosnia and Herzegovina. 6. By five judgments of the Banja Luka Court of First Instance of 30 March 2009, 5 February 2001, 19 November 2001, 3 May 2000 and 13 December 2000 which became final on 12 November 2009, 23 August 2004, 26 October 2004, 26 April 2005 and 26 December 2001, respectively, the Republika Srpska (an Entity of Bosnia and Herzegovina) was ordered to pay, within 15 days, the following amounts in convertible marks (BAM) in respect of war damage with default interest at the statutory rate: BAM 5,500 in respect of non-pecuniary damage and BAM 1,039 in respect of legal costs to Mr Draško Bokan; BAM 23,000 in respect of non-pecuniary damage and BAM 1,500 in respect of pecuniary damage to the Jovešs; BAM 20,500 in respect of non-pecuniary damage and BAM 847 in respect of legal costs to Mr Dragoslav Banjac; BAM 28,000 in respect of non-pecuniary damage, BAM 2,000 in respect of pecuniary damage and BAM 1,669 in respect of legal costs to the Tutićs; and BAM 17,000 in respect of non-pecuniary damage, BAM 1,300 in respect of pecuniary damage and BAM 1,666 in respect of legal costs to the Kovačevićs. 7. The Banja Luka Court of First Instance issued writs of execution (rješenje o izvršenju) on 24 December 2009, 22 October 2004, 27 May 2005, 6 September 2006 and 5 April 2002, respectively. 8. The applicants, except for Mr Dragoslav Banjac and the Tutićs, complained of non-enforcement to the Constitutional Court of Bosnia and Herzegovina (“the Constitutional Court”). On different dates the Constitutional Court found a breach of Article 6 of the Convention and Article 1 of Protocol No. 1 to the Convention in the cases of Mr Draško Bokan, the Jovešs and the Kovačevićs. The applicants did not claim compensation, but even if they had done so, their 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 December 2010, § 37). 9. After an extensive information campaign explaining the available options for the settlement of the Republika Srpska’s public debt (including its debt arising from domestic judgments), between 25 March 2008 and 19 March 2013 the applicants informed the authorities that they agreed to be paid only the legal costs in cash and the principal debt and default interest in bonds. Government bonds were then issued on the following dates: on 31 May 2012 to Mr Draško Bokan; on 31 May 2012 to the Jovešs; on 31 May 2012 to Mr Dragoslav Banjac; on 15 June 2010 to Ms Nada Tutić and Mr Borislav Tutić, on 1 July 2010 to Ms Dragana Tutić, on 31 May 2012 to Ms Dušanka Tutić; on 15 December 2008 to Ms Radmila Kovačević and Ms Jelena Kovačević and on 24 December 2012 to Ms Nikolina Kovačević. 10. Ms Smiljana Joveš, Mr Dragoslav Banjac, the Tutićs, and the Kovačevićs have already sold some or all of their bonds on the Stock Exchange.