INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
that the claims of the applicants under the judgment of the European Court of Human Rights in
the case Avdić and others are granted payment priority according to the claims maturity and will
be settled in a reasonable deadline. In order to do the mentioned payments, the Government of the
Central Bosnia Canton adopted the relevant decision/conclusion 148.
Example: In a complaint 149 lodged by a war veteran with disabilities – a paraplegic with 100%
disability rate of the category I Ombudspersons issued their recommendation to the Public
Attorney's Office of the Centar Municipality 150. Namely, in the procedure of the enforcement of
the judgment of the Municipal Court in Sarajevo, the Attorney's Office of the Municipality of
Centar originally submitted a Proposal for seizure of a motor vehicle owned by the complainant,
which procedure was suspended upon the complainant's objection. After that, the Public Attorney's
Office of the Municipality of Centar proposed that the enforcement be carried out by seizure,
appraisal and sale of the real estate owned by the complainant, which is a two-bedroom apartment
in Sarajevo, with an area of 80.39 m2. In addition to the fact that the complainant points out that
he is a beneficiary of a disability pension and personal disability allowance, which could be the
subject of enforcement, it is also pointed out that the said real estate, in which the complainant
lives with his family, is fully adapted to persons with disabilities. By selling the property, the
appellant's family would be left without a home and basic living conditions. The Ombudsmen
reminded of the Decision of the Constitutional Court of Bosnia and Herzegovina AP-1955 of May
26, 2019. which held that the sale of seven real estates in the value of 44,249.50 BAM for the
purpose of collecting the debt of 64,90 BAM would lead to deprivation of the complainant of the
ownership over these real estates, and that insufficient attention was paid to establishing
proportionality between the complainant's debt and real estate sale. The recommendation was
implemented.
5.2. High Judicial and Prosecutorial Council of Bosnia and Herzegovina
During this reporting period, Ombudspersons solved complaints lodged by the citizens for the
length of proceedings conducted in the Office of the Disciplinary Counsel of the High Judicial
and Prosecutorial Council of Bosnia and Herzegovina, in order to determine possible breaches of
duty by judicial officials in Bosnia and Herzegovina.
In previous years, the Office of the Disciplinary Counsel of the High Judicial and Prosecutorial
Council of Bosnia and Herzegovina provided a standardized response to both citizens and
Ombudspersons: “Pursuant to provisions of Article 66 paragraph 1 of the Law on High Judicial
and Prosecutorial Council of BiH, the Office of the Disciplinary Counsel initiated an investigation
about the allegations from the complaint. We remind you that, according to provisions of Article
72 paragraph 2 of the Law on High Judicial and Prosecutorial Council, the Council has the
obligation to process every complaint not later than two years from the date of receipt, putting
maximum efforts to process complaints as soon as possible. Of note, the duration of an
investigation depends on the nature of allegations, as well as on facts and circumstances to be
established in each case… In any case, upon the completion of the investigation process, the
148
A decision no.: 01-5-604/2019-22 dated 04 July 2019
Ž-SA-02-18/18
150
Recommendation P-280/19 dated 13 December 2019
149
42
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