Račić and Others v. Bosnia and Herzegovina

FOURTH SECTION

Application no. 27159/13 Mubera RAČIĆ and Others against Bosnia and Herzegovina

The European Court of Human Rights (Fourth Section), sitting on 12 June 2018 as a Committee composed of:

Carlo Ranzoni, President, Faris Vehabović, Péter Paczolay, judges, and Andrea Tamietti, Deputy Section Registrar,

Having regard to the above application lodged on 14 March 2013,

Having regard to the formal declarations accepting a friendly settlement of the case,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

1 A list of the 52 applicants, all nationals of Bosnia and Herzegovina, is set out in the appendix. They were all represented by Ms. E. Jahić, a lawyer practicing in Sarajevo.

2 The Government of Bosnia and Herzegovina (“the Government”) were represented by their Agent, Ms. B. Skalonjić.

3 The applicants complained under Article 6 § 1 of the Convention about the non-enforcement of judgments rendered in a labour dispute.

4 On 29 September 2017 and 8 December 2017 the Court received friendly settlement declarations signed by the parties under which the applicants agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to this application against an undertaking by the Government to pay each of them 1,800 euros to cover any and all non-pecuniary damage as well as 250 euros to cover any and all costs and expenses, which will be converted into the national currency at the rate applicable on the date of payment and will be payable within three months from the date of notification of the decision taken by the Court. In the event of failure to pay this sum within the said three-month period, the Government undertook to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

5 The Government further accepted to ensure that all necessary steps are taken to allow the domestic proceedings under consideration in this case to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.

6 This will constitute the final resolution of the case.

THE LAW

7 The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and its Protocols and finds no reasons to justify a continued examination of the application. In view of the above, it is appropriate to strike the case out of the list.

For these reasons, the Court, unanimously,

Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.

Done in English and notified in writing on 5 July 2018.

Andrea Tamietti Carlo Ranzoni Deputy Registrar President

Appendix List of Applicants

N o .

First Name LASTNAME

Birth year

Place of residence

Mubera RAČIĆ

1952

Vogošća

Vahida ALIĆ

1957

Sarajevo

Hamdo BEŠLIJA

1970

Sarajevo

Bajro BIBER

1963

Sarajevo

Munib BIBER

1966

Sarajevo

Senaida BIBER

1964

Sarajevo

Mirsada BIBIĆ

1964

Ilidža

Dika BRADIĆ

1950

Vogošća

Pemba BRKANIĆ

1952

Sarajevo

Alma BUČO

1961

Sarajevo

Luca BUŠIĆ

1948

Sarajevo

Derviša ĆATIĆ

1949

Sarajevo

Džemila ČEKIĆ

1959

Vogošća

Remzo DURAK

1964

Sarajevo

Hasnija DURAKOVIĆ

1958

Sarajevo

Ćamila DŽEVLAN

Sarajevo

Asim GRADIŠIĆ

Sarajevo

Suvada HAMZA (sister of the late Hasija Hamza)

1961

Sarajevo

Zijad HAMZA (brother of the late Hasija Hamza)

1957

Sarajevo

Nafija HAMZIĆ

1950

Vogošća

Ziba HODŽIĆ

1956

Vogošća

Mehdin HOROZOVIĆ

1970

Sarajevo

Sabaha HOŠO

1960

Vogosca

Huso ISAKOVIĆ

1958

Vogošća

Esad KAJTAZOVIĆ

1953

Vogosca

Ejub KARAČIĆ

1944

Vogošća

Hava KARADŽA

1955

Vogošća

Nermin KARASALIHOVIĆ

1971

Ilidža

Nefa KARKELJA

1952

Vogošća

Nezir KARKELJA

1955

Vogošća

Osmo KARKELJA

1959

Sarajevo

Dika KERKEN

1962

Sarajevo

Elvir LIGATA

1981

Sarajevo

Admir MAHMIĆ (son of the late Amir Mahmić)

1987

Sarajevo

Safija MAHMIĆ (wife of the late Amir Mahmić)

1963

Sarajevo

Saliha MEHIĆ

1956

Vogošća

Mehmed MELEZ

1956

Sarajevo

Sajka MEMIĆ (wife of the late Nurko Memić)

1956

Sarajevo

Ćamila MUJEZINOVIĆ

1963

Sarajevo

Fatima MUSLIM

1957

Sarajevo

Šejla PAMUK

1973

Hrasnica

Mediha PEHILJ

1966

Sarajevo

Ševko PINTOL

1947

Sarajevo

Džemo PLOČO

1967

Vogošća

Raza PRAŠO

1954

Sarajevo

Ramiz SALČIN

1969

Sarajevo

Samir SALČIN

1966

Vogošća

Esmina SELIMOVIĆ

1961

Sarajevo

Hurija SIDRAN

1958

Vogošća

Fata ŠORLIJA

1953

Sarajevo

Zijad TANOVIĆ

1955

Sarajevo

Izo TUMBUL

1964

Sarajevo