Hodžić and Others v. Bosnia and Herzegovina

FOURTH SECTION

Application no. 37991/19 Vahudin HODŽIĆ and Others against Bosnia and Herzegovina and 8 other applications

(see appended table)

The European Court of Human Rights (Fourth Section), sitting on 25 March 2021 as a Committee composed of:

Armen Harutyunyan, President, Jolien Schukking, Ana Maria Guerra Martins, judges,

and Viktoriya Maradudina, Acting Deputy Section Registrar,

Having regard to the above applications lodged on the various dates indicated in the appended table,

Having regard to the observations submitted by the respondent Government and the observations in reply submitted by the applicants,

Having deliberated, decides as follows:

FACTS AND PROCEDURE

The list of applicants is set out in the appended table.

The applicants were represented by Mr O. Eterović, a lawyer practising in Sarajevo.

The applicants’ complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1 concerning the non-enforcement or delayed enforcement of domestic decisions were communicated to the Government of Bosnia and Herzegovina (“the Government”) on 13 February 2020.

THE LAW

Having regard to the similar subject matter of the applications, the Court finds it appropriate to examine them jointly in a single decision.

The Government submitted that the applicants had failed to inform the Court of the fact that the final judgments in their favour had been enforced. They therefore requested the Court to reject the applications as an abuse of the right of individual application in accordance with Article 35 §§ 3 (a) and 4 of the Convention.

The applicants did not dispute the facts as presented by the Government.

The Court reiterates that an application may be rejected as an abuse of the right of individual application within the meaning of Article 35 § 3 (a) of the Convention if, among other reasons, it was knowingly based on false information or if significant information and documents were deliberately omitted either where they were known from the outset or where new significant developments occurred during the proceedings. Incomplete and therefore misleading information may amount to an abuse of the right of application, especially if the information in question concerns the very core of the case and no sufficient explanation is given for the failure to disclose that information (see Gross v. Switzerland [GC], no. 67810/10, § 28, ECHR 2014; S.A.S. v. France [GC], no. 43835/11, § 67, ECHR 2014; and Čaluk and Others v. Bosnia and Herzegovina (dec.) [Committee], nos. 3927/15 and 63 others, §§ 18-19, 25 September 2018).

Turning to the present case, the Court observes that the domestic decisions under consideration were fully enforced in respect of some of the applicants before notice of the applications was given to the Government (see the appended table). The applicants did not inform the Court about that development. The Court learned about it only from the Government’s observations of 15 September 2020. No convincing explanation for that omission was provided.

Having regard to the fact that the information withheld concerned the very core of the applications, the Court finds that such conduct was contrary to the purpose of the right of individual application. Lawyers must understand that, having due regard to the Court’s duty to examine allegations of human rights violations, they must show a high level of professional prudence and meaningful cooperation with the Court by sparing it the introduction of unmeritorious complaints and, both before proceedings have been instituted and thereafter, they must inquire diligently into all the details of the case, meticulously abide by all the relevant rules of procedure and must urge their clients to do the same. Otherwise, the wilful or negligent misuse of the Court’s resources may undermine the credibility of lawyers’ work in the eyes of the Court and even, if it occurs systematically, may result in particular individual lawyers being banned from representing applicants under Rule 36 § 4 (b) of the Rules of Court (see Stevančević v. Bosnia and Herzegovina (dec.), no. 67618/09, § 29, 10 January 2017).

In the light of the foregoing, the Court considers that the present applications constitute an abuse of the right of individual application within the meaning of Article 35 § 3 (a) in fine of the Convention. They must therefore be rejected in accordance with Article 35 § 4 of the Convention.

For these reasons, the Court, unanimously,

Decides to join the applications;

Declares the applications inadmissible.

Done in English and notified in writing on 15 April 2021.

{signature_p_2}

Viktoriya Maradudina Armen Harutyunyan Acting Deputy Registrar President

APPENDIX

List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of Protocol No. 1

(non-enforcement or delayed enforcement of domestic decisions)

No.

Application no.

Date of introduction

Applicant’s name

Year of birth

Relevant domestic decision

Start date of non-enforcement period

End date of non-enforcement period

Length of enforcement proceedings

37991/19

25/06/2019

(16 applicants)

Muamer MAKAŠ

1976

Nedžad BUŽO

1972

Zoran SAVIĆ

1976

Bego TUFO

1972

Dževad PALAVRA

1972

Nijaz HUMIĆ

1972

Almir JAMAK

1968

Zufer BALIĆ

1967

Amir HAŠIMOVIĆ

1968

Aleksej VASILJEVIĆ

1974

Alem SUBAŠIĆ

1973

Goran KELIĆ

1972

Vahudin HODŽIĆ

1970

Natko RAIĆ

1981

Mirsad KABULOVIĆ

1965

Miroslav RODIN

1953

Sarajevo Municipal Court,

02/03/2018

28/06/2018

04/06/2020 (for the applicant HODŽIĆ),

1 year(s) and 11 month(s) and 8 day(s)

26/02/2020 (for the applicant RAIĆ),

1 year(s) and 7 month(s) and 30 day(s)

26/02/2020 (for the applicant KABULOVIĆ),

1 year(s) and 7 month(s) and 30 day(s)

11/11/2019 (for the applicant RODIN),

1 year(s) and 4 month(s) and 15 day(s)

pending (for the remaining applicants)

More than 2 year(s) and 8 month(s) and 1 day(s)

41449/19

19/07/2019

(14 applicants)

Mevludin KALJANAC

1964

Jasminka KURTOVIĆ

1974

Danijela PRIMORAC

1973

Gordana RAJEVIĆ-RADOVIĆ

1970

Ismir SILAJDŽIĆ

1981

Zijad VATREŠ

1973

Stelica HRGIĆ-GRAPČANOVIĆ

1963

Bruno FRANJIĆ

1964

Adem ČELIK

1959

Alija KOTAREVIĆ

1962

Elmira KARAHASANOVIĆ

1958

Maja MARTINOVIĆ-MUK

1979

Alma UŠANOVIĆ

1977

Adnan MEMIŠEVIĆ

1979

Sarajevo Municipal Court,

27/06/2016

20/10/2016

pending (for the remaining applicants)

More than 4 year(s) and 4 month(s) and 9 day(s)

18/12/2019 (for the applicant MEMIŠEVIĆ),

3 year(s) and 1 month(s) and 29 day(s)

41460/19

19/07/2019

(15 applicants)

Mevludin KALJANAC

1964

Danijela PRIMORAC

1973

Ismir SILAJDŽIĆ

1981

Stelica HRGIĆ-GRAPČANOVIĆ

1963

Adem ČELIK

1959

Alija KOTAREVIĆ

1962

Muamer KAVAZOVIĆ

1974

Nina KNEŽEVIĆ

1975

Mevludin HAJDAR

1964

Avni RIZVIĆ

1977

Selma SILAJDŽIĆ

1958

Muhidin RAŠIDOVIĆ

1976

Adnan MEMIŠEVIĆ

1979

Ivica PEROVIĆ

1962

Adnan IKANOVIĆ

1980

Sarajevo Municipal Court,

14/06/2016

29/08/2016

13/05/2020 (for the applicant RAŠIDOVIĆ),

3 year(s) and 8 month(s) and 15 day(s)

18/12/2019 (for the applicant MEMIŠEVIĆ),

3 year(s) and 3 month(s) and 20 day(s)

19/06/2020 (for the applicant PEROVIĆ),

3 year(s) and 9 month(s) and 22 day(s)

29/06/2020 (for the applicant IKANOVIĆ),

3 year(s) and 10 month(s) and 1 day(s)

pending (for the remaining applicants)

More than 4 year(s) and 6 month(s) and 1 day(s)

41462/19

18/07/2019

(18 applicants)

Verica GOLIJANIN

1965

Semina FETAHOVIĆ

1980

Elmedina AHMETHODŽIĆ

1981

Muhamed MUJIĆ

1968

Mustafa BUKVA

1973

Mirsad ŠLJIVO

1968

Edin FAZLIĆ

1981

Alan TRTIĆ

1976

Saša PETROVIĆ

1978

Ajlana KRUPIĆ

1976

Aida MAŠIĆ

1985

Almir PIKNJAČ

1972

Milomir PANDUREVIĆ

1977

Đenana SARAJLIĆ-LAGUMDŽIJA

1969

Srđan MIČIĆ

1980

Sanela FAZLIĆ KULOVAC

1979

Ermin ZUKO

1978

Mirza HADŽIĆ

1975

Sarajevo Municipal Court,

28/10/2015

09/03/2016

11/06/2020 (for the applicant FAZLIĆ KULOVAC),

4 year(s) and 3 month(s) and 3 day(s)

28/05/2020 (for the applicant ZUKO),

4 year(s) and 2 month(s) and 20 day(s)

in 2016 (for the applicant HADŽIĆ),

Less than 1 year

pending (for the remaining applicants)

More than 4 year(s) and 11 month(s) and 20 day(s)

41526/19

17/07/2019

(11 applicants)

Ismir SILAJDŽIĆ

1981

Jasminka KURTOVIĆ

1974

Mevludin KALJANAC

1964

Danijela PRIMORAC

1973

Gordana RAJEVIĆ-RADOVIĆ

1970

Zijad VATREŠ

1973

Bruno FRANJIĆ

1964

Muamera HAŠIMBEGOVIĆ

1975

Raza MUHAREMOVIĆ

1962

Edin KURTOVIĆ

1975

Adnan MEMIŠEVIĆ

1979

Sarajevo Municipal Court,

27/06/2014

04/04/2016

18/12/2019 (for the applicant MEMIŠEVIĆ),

3 year(s) and 8 month(s) and 15 day(s)

pending (for the remaining applicants)

More than 4 year(s) and 10 month(s) and 25 day(s)

47038/19

29/07/2019

Jasmina HERCEGOVAC

1956

Sabina RIBICA

1962

Sarajevo Municipal Court),

04/07/2016

07/11/2016

01/10/2019 (for the applicant HERCEGOVAC)

2 year(s) and 10 month(s) and 25 day(s)

pending (for the applicant RIBICA)

More than 4 year(s) and 3 month(s) and 22 day(s)

53033/19

27/09/2019

(20 applicants)

Spomenko PLAKALOVIĆ

1983

Dragan PUCE

1955

Vladimir TADIĆ

1982

Senad HADŽIABDIĆ

1971

Radosava KANLIĆ

1950

Enisa OMEROVIĆ

1970

Mevlida POLJAK

1971

Sahra ŠENDEROVIĆ

1958

Uma ŽERIĆ

1949

Borislav BALABAN

1966

Mirhad MUJKIĆ

1961

Nedim AJETOVIĆ

1967

Refik MURATSPAHIĆ

1979

Anel BRULIĆ

1989

Kenan KAPETANOVIĆ

1972

Mustafa ZEC

1975

Zemina ĆATIĆ

1962

Ramiz ALIMANOVIĆ

1961

Ramiza GLUŠAC

1962

Zdravko ČOLO

1953

Sarajevo Municipal Court,

12/02/2016

15/04/2016

06/01/2020 (for the applicant KAPETANOVIĆ),

3 year(s) and 8 month(s) and 23 day(s)

26/02/2020 (for the applicant ZEC),

3 year(s) and 10 month(s) and 12 day(s)

26/02/2020 (for the applicant ĆATIĆ),

3 year(s) and 10 month(s) and 12 day(s)

10/04/2020 (for the applicant ALIMANOVIĆ),

3 year(s) and 11 month(s) and 27 day(s)

11/06/2020 (for the applicant GLUŠAC),

4 year(s) and 1 month(s) and 28 day(s)

25/10/2019 (for the applicant ČOLO),

3 year(s) and 6 month(s) and 11 day(s)

pending (for the remaining applicants)

More than 4 year(s) and 10 month(s) and 14 day(s)

53035/19

27/09/2019

(22 applicants)

Marinko KOSORIĆ

1971

Senad KADIĆ

1983

Spomenko PLAKALOVIĆ

1983

Vladimir TADIĆ

1982

Anel BRULIĆ

1989

Suad CERIĆ

1971

Mladen KLJAJIĆ

1967

Amer ĐEDOVIĆ

1979

Mladen BAKULA

1985

Željko MARTIĆ

1969

Edin ČELIK

1975

Ratko LJEŠNIĆ

1971

Amer BRULIĆ

1984

Željko GLAVOČEVIĆ

1972

Admir ĆULOV

1983

Ibro BEŠLIJA

1975

Almir OSMANOVIĆ

1977

Eldin PENJO

1991

Edin DARDAGAN

1974

Dubravka TODOROVIĆ

1982

Armin ĐOZO

1988

Muharem POTUROVIĆ

1983

Sarajevo Municipal Court,

12/10/2016

01/12/2016

03/06/2020 (for the applicant OSMANOVIĆ),

3 year(s) and 6 month(s) and 3 day(s)

21/10/2019 (for the applicant PENJO),

2 year(s) and 10 month(s) and 21 day(s)

12/12/2019 (for the applicant DARDAGAN),

3 year(s) and 12 day(s)

27/12/2019 (for the applicant TODOROVIĆ),

3 year(s) and 27 day(s)

12/12/2019 (for the applicant ĐOZO),

3 year(s) and 12 day(s)

11/06/2020 (for the applicant POTUROVIĆ),

3 year(s) and 6 month(s) and 11 day(s)

pending (for the remaining applicants)

More than 4 year(s) and 3 month(s)

57895/19

25/10/2019

(4 applicants)

Hata HASANBEGOVIĆ

1964

Rasema DOLJANČIĆ

1956

Amira ZELIĆ

1959

Ahmet ABDAGIĆ

1973

Sarajevo Municipal Court,

05/05/2014

20/01/2016

14/05/2020 (for the applicant HASANBEGOVIĆ),

4 year(s) and 3 month(s) and 25 day(s)

14/05/2020 (for the applicant DOLJANČIĆ),

4 year(s) and 3 month(s) and 25 day(s)

30/01/2020 (for the applicant ZELIĆ),

4 year(s) and 11 day(s)

pending (for the applicant ABDAGIĆ)

More than 5 year(s) and 1 month(s) and 9 day(s)