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Šain I Ostali Presuda Evropskog Suda Za Ljudska Prava
Šain I Ostali Presuda Evropskog Suda Za Ljudska Prava
JUDGMENT
STRASBOURG
17 January 2019
PROCEDURE
1. The case originated in applications 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 the
various dates indicated in the appended table.
2. The applicants were represented by Mr M. Alić, a lawyer practising in
Tešanj.
3. Notice of the applications was given to the Government of Bosnia and
Herzegovina Government (“the Government”).
THE FACTS
4. The list of applicants and the relevant details of the applications are
set out in the appended table.
5. The applicants complained of the non-enforcement or delayed
enforcement of domestic decisions.
THE LAW
5. Holds
(a) that the respondent State is to pay the applicants, 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.
4 ŠAIN AND OTHERS v. BOSNIA AND HERZEGOVINA JUDGMENT
APPENDIX
List of applications raising complaints under Article 6 § 1 of the Convention and Article 1 of the Protocol No. 1
(non-enforcement or delayed enforcement of domestic decisions)
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
10. 7029/16 Fadil Čolak Zenica Cantonal 30/10/2008 pending 1,000 350
29/01/2016 01/04/1971 Court, More than 10 year(s) and
05/06/2008 24 day(s)
12. 7036/16 Damir Hrustić Zenica Cantonal 30/10/2008 pending 1,000 350
29/01/2016 31/10/1973 Court, More than 10 year(s) and
05/06/2008 24 day(s)
13. 7039/16 Osman Kićo Zenica Cantonal 30/10/2008 pending 1,000 350
29/01/2016 25/01/1975 Court, More than 10 year(s) and
05/06/2008 24 day(s)
8 ŠAIN AND OTHERS v. BOSNIA AND HERZEGOVINA JUDGMENT
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
16. 7048/16 Amir Lušija Zenica Cantonal 30/10/2008 pending 1,000 350
29/01/2016 03/01/1970 Court, More than 10 year(s) and
05/06/2008 24 day(s)
17. 7062/16 Mijo Šain Zenica First 30/10/2008 pending 1,000 350
29/01/2016 20/02/1953 Instance Court, More than 10 year(s) and
29/09/2006 24 day(s)
18. 7063/16 Elvedin Lopo Zenica Cantonal 30/10/2008 pending 1,000 350
29/01/2016 10/09/1968 Court, More than 10 year(s) and
05/06/2008 24 day(s)
19. 14630/16 Majda Jovičić Tešanj First 13/12/2011 pending 1,000 350
29/02/2016 21/07/1966 Instance Court, More than 6 year(s) and
19/05/2010 11 month(s) and 10 day(s)
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
22. 14635/16 Emina Bilić Tešanj First 13/12/2011 pending 1,000 350
29/02/2016 10/11/1977 Instance Court, More than 6 year(s) and
19/05/2010 11 month(s) and 10 day(s)
23. 14638/16 Delveta Avdić Tešanj First 13/12/2011 pending 1,000 350
29/02/2016 10/01/1962 Instance Court, More than 6 year(s) and
19/05/2010 11 month(s) and 10 day(s)
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
25. 21723/16 Elvir Hrusto Zenica First 17/11/2008 pending 1,000 350
12/04/2016 05/12/1971 Instance Court, More than 10 year(s) and
29/12/2006 6 day(s)
27. 21738/16 Ibro Begić Zenica First 17/11/2008 pending 1,000 350
12/04/2016 11/01/1972 Instance Court, More than 10 year(s) and
29/12/2006 6 day(s)
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
31. 22102/16 Grga Hrgota Zenica First 17/11/2008 pending 1,000 350
12/04/2016 17/09/1974 Instance Court, More than 10 year(s) and
29/12/2006 6 day(s)
35. 23532/16 Mandica Šain Zenica First 30/10/2008 pending 1,000 350
22/04/2016 02/08/1963 Instance Court, More than 10 year(s) and
29/12/2006 24 day(s)
12 ŠAIN AND OTHERS v. BOSNIA AND HERZEGOVINA JUDGMENT
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
37. 23727/16 Almir Subašić Zenica First 05/11/2008 pending 1,000 350
22/04/2016 01/07/1970 Instance Court, More than 10 year(s) and
29/12/2006 18 day(s)
38. 23728/16 Hamida Vekić Zenica First 05/11/2008 pending 1,000 350
22/04/2016 09/05/1956 Instance Court, More than 10 year(s) and
29/12/2006 18 day(s)
39. 23732/16 Džafer Smaka Zenica First 17/11/2008 pending 1,000 350
22/04/2016 10/01/1968 Instance Court, More than 10 year(s) and
29/12/2006 6 day(s)
40. 24391/16 Emsad Begić Zenica First 17/11/2008 pending 1,000 350
22/04/2016 09/03/1968 Instance Court, More than 10 year(s) and
29/12/2006 6 day(s)
ŠAIN AND OTHERS v. BOSNIA AND HERZEGOVINA JUDGMENT 13
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
41. 24393/16 Milica Tubić Zenica First 05/11/2008 pending 1,000 350
22/04/2016 02/12/1958 Instance Court, More than 10 year(s) and
29/12/2006 18 day(s)
42. 24419/16 Mahira Letić Zenica First 30/10/2008 pending 1,000 350
22/04/2016 05/05/1970 Instance Court, More than 10 year(s) and
29/12/2006 24 day(s)
43. 24559/16 Fadil Kubat Zenica First 10/11/2008 pending 1,000 350
22/04/2016 04/01/1963 Intance Court, More than 10 year(s) and
29/12/2006 13 day(s)
44. 24564/16 Emira Čaluk Zenica First 05/11/2008 pending 1,000 350
22/04/2016 19/11/1977 Instance Court, More than 10 year(s) and
29/12/2006 18 day(s)
14 ŠAIN AND OTHERS v. BOSNIA AND HERZEGOVINA JUDGMENT
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
45. 39661/16 Jasmin Tulić Zenica First 05/11/2008 pending 1,000 350
30/06/2016 29/04/1966 Instance Court, More than 10 year(s) and
29/12/2006 18 day(s)
47. 39879/16 Mijo Tomić Zenica First 05/11/2008 pending 1,000 350
30/06/2016 15/03/1966 Instance Court, More than 10 year(s) and
29/12/2006 18 day(s)
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
51. 39913/16 Dano Ćorić Zenica First 17/11/2008 pending 1,000 350
30/06/2016 30/04/1968 Instance Court, More than 10 year(s) and
29/12/2006 6 day(s)
52. 39917/16 Elvis Fejzić Zenica First 05/11/2008 pending 1,000 350
30/06/2016 24/05/1973 Instance Court, More than 10 year(s) and
29/12/2006 18 day(s)
No. Application Applicant’s Relevant Start date of non-enforcement period End date of Amount awarded Amount awarded
no. name domestic or date of entry into force of the non-enforcement period for non-pecuniary for costs and
Date of Date of birth decision Convention in respect of Bosnia and Length of enforcement damage per expenses per
introduction Herzegovina (12 July 2002) proceedings applicant application
(in euros)1 (in euros)2
53. 39924/16 Nusret Talić Zenica First 30/10/2008 pending 1,000 350
30/06/2016 07/04/1971 Instance Court, More than 10 year(s) and
29/12/2006 24 day(s)
54. 39949/16 Senad Gadžun Zenica Cantonal 30/10/2008 pending 1,000 350
30/06/2016 17/10/1969 Court, More than 10 year(s) and
05/06/2008 24 day(s)