BRULIC v. BOSNIA AND HERZEGOVINA - 702/22 (Judgment : Article 6 - Right to a fair trial : Fourth Section Committee) [2023] ECHR 471 (08 June 2023)

JUDGMENT STRASBOURG 8 June 2023 This judgment is final but it may be subject to editorial revision. In the case of Brulić v. Bosnia and Herzegovina, The European Court of Human Rights (Fourth Section), sitting as a Committee composed of: Tim Eicke , President , Branko Lubarda, Ana Maria Guerra Martins , judges , and Viktoriya Maradudina, Acting Deputy Section Registrar, Having deliberated in private on 17 June 2023, Delivers the following judgment, which was adopted on that date: PROCEDURE 1. The case originated in an application against Bosnia and Herzegovina lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) on 23 December 2021. 2. The applicant was represented by Ms I. Muhović, a lawyer practising in Sarajevo. 3. The Government of Bosnia and Herzegovina (“the Government”) were given notice of the application. THE FACTS 4. The applicant’s details and information relevant to the application are set out in the appended table. 5. The applicant complained of the non-enforcement of a domestic decision issued in his favour against the Sarajevo Canton. THE LAW I. ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION AND OF ARTICLE 1 OF PROTOCOL No. 1 6. The applicant complained of the non-enforcement of a domestic decision given in his favour and relied on Article 6 § 1 of the Convention and on Article 1 of Protocol No. 1. 7. The Court reiterates that the execution of a judgment given by any court must be regarded as an integral part of a “hearing” for the purposes of Article 6. It also refers to its case-law concerning the non-enforcement or delayed enforcement of final domestic judgments (see Hornsby v. Greece , no. 18357/91, § 40, Reports of Judgments and Decisions 1997‑II). 8. The Court further notes that the decision in the present application ordered specific action to be taken. The Court therefore considers that the decision in question constitutes “possessions” within the meaning of Article 1 of Protocol No. 1. 9. In the leading cases of Spahić and Others v. Bosnia and Herzegovina, nos. 20514/15 and 15 others, §§ 25-31, 14 November 2017 and Kunić and Others v. Bosnia and Herzegovina, nos. 68955/12 and 15 others, §§ 26‑31, 14 November 2017, the Court already found a violation in respect of issues similar to those in the present case. 10. 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. Notably, the Court dismisses the Government’s objection as to the compatibility ratione personae of the application, since the Constitutional Court has found that the Sarajevo Canton is liable for the judgment debt at issue and should therefore pay it from its own funds. 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 decision in the applicant’s favour. 11. These complaints are therefore admissible and disclose a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1. II. APPLICATION OF ARTICLE 41 OF THE CONVENTION 12. Article 41 of the Convention provides: “If 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.” 13. Regard being had to the documents in its possession and to its case‑law (see, in particular, Spahić and Others , cited above, §§ 36-43 and Kunić and Others , cited above, §§ 37-46), the Court considers it reasonable to award the sums indicated in the appended table. 14. The Court further notes that the respondent State has an outstanding obligation to enforce the domestic decision which remains enforceable. FOR THESE REASONS, THE COURT , UNANIMOUSLY, 1. Declares the application admissible; 2. Holds that this application discloses a breach of Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non‑enforcement of a domestic decision; 3. Holds that the respondent State shall ensure, by appropriate means, within three months, the enforcement of the pending domestic decision referred to in the appended table; 4. Holds (a) that the respondent State is to pay the applicant, 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; (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. Done in English, and notified in writing on 8 June 2023, pursuant to Rule 77 §§ 2 and 3 of the Rules of Court. Viktoriya Maradudina Tim Eicke Acting Deputy Registrar President APPENDIX Application raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 (non-enforcement of domestic decisions) Application no. Date of introduction Applicant’s name Year of birth Representative’s name and location Relevant domestic decision Start date of non-enforcement period End date of non-enforcement period Length of enforcement proceedings Amount awarded for non-pecuniary damage per applicant (in euros) [1] [2] Amount awarded for costs and expenses per application (in euros) [3] 702/22 23/12/2021 Salko BRULIĆ Muhović Irma Sarajevo Sarajevo Municipal Court, 28/02/2006 31/07/2006 pending More than 16 year(s) and 3 month(s) and 25 day(s) 1,000 [1] Plus any tax that may be chargeable to the applicant. [2] Less any amounts which may have already been paid in that regard at the domestic level. [3] Plus any tax that may be chargeable to the applicant. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII