Pranjić Lukić and Others v. Bosnia and Herzegovina

FIFTH SECTION

Application no. 65062/11 Goran PRANJIĆ LUKIĆ against Bosnia and Herzegovina and 4 other applications (see list appended)

The European Court of Human Rights (Fifth Section), sitting on 17 November 2015 as a Committee composed of:

Khanlar Hajiyev, President, Faris Vehabović, Carlo Ranzoni, judges, and Milan Blaško, Deputy Section Registrar,

Having regard to the above applications lodged on 4 October 2011, 22 May 2013, 2 November 2013, 23 November 2013 and 9 December 2013,

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

Having deliberated, decides as follows:

FACTS AND PROCEDURE

A list of the applicants is set out in the appendix.

The Government of Bosnia and Herzegovina Government (“the Government”) were represented by their Agent, Ms Monika Mijić.

The applicants complained under Article 6 § 1 of the Convention about the excessive length of civil, criminal and administrative proceedings.

Between 20 February 2015 and 8 June 2015 the Court received friendly-settlement declarations under which the applicants agreed to waive any further claims against Bosnia and Herzegovina in respect of the facts giving rise to these applications, subject to an undertaking by the Government to pay them the amounts detailed in the appended table. These sums will be converted into the currency of the respondent State 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 to strike the cases out of its list of cases. In the event of failure to pay these sums within the said three-month period, the Government undertake to pay simple interest on them, 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.

The payment will constitute the final resolution of the cases.

With regard to applications nos. 65062/11, 48076/13, 11107/14 and 73966/13 the Government further declared that they will ensure that all necessary steps are taken to allow the domestic proceedings under consideration in these cases to be concluded as speedily as possible, taking into account the requirements of the proper administration of justice.

THE LAW

Having regard to the similarity of the main issues under the Convention in the above cases, the Court decides to join the applications.

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 applications. In view of the above, it is appropriate to strike the cases out of the list.

For these reasons, the Court, unanimously,

Decides to join the applications;

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

Done in English and notified in writing on 10 December 2015.

Milan Blaško Khanlar Hajiyev Deputy Registrar President

APPENDIX

No.

Application no. Date of introduction

Applicant name

Date of birth /

Date of registration

Represented by

Date of receipt of Government declaration

Date of receipt of Applicant’s declaration

Amount awarded for non-pecuniary damage

per applicant / household

(in euros) [i]

Amount awarded for costs and expenses per application

(in euros) [ii]

65062/11

04/10/2011

Goran PRANJIĆ LUKIĆ

12/11/1962

-

24/03/2015

27/03/2015

4,800

100

48076/13

22/05/2013

(4 applicants)

Ljubiša TOMAŠ

27/12/1964

Dušan TOMAŠ

29/05/1963

Pero TOMAŠ

14/02/1959

Predrag TOMAŠ

07/01/1994

-

23/02/2015

27/02/2015

5,400

100

73966/13

02/11/2013

BUROVIĆ D.O.O.

24/10/1991

Ismet BUROVIĆ

17/03/2015

20/02/2015

4,700

100

7636/14

09/12/2013

Suljo BUREJIĆ

05/02/1947

Slobodan BILIĆ

03/03/2015

09/03/2015

1,800

500

11107/14

23/11/2013

Zoran KISIN

07/11/1958

-

17/02/2015

23/02/2015

2,400

100

[i] Plus any tax that may be chargeable to the applicants.

[ii] Plus any tax that may be chargeable to the applicants.