ANNUAL REPORT ON THE RESULTS OF THE ACTIVITIES OF THE INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
Decision on Enforcement of the Municipal Court in Sarajevo 139 addressed to the Union banka dd
Sarajevo. The complainant emphasizes that in her case another three decisions of the Municipal
Court in Sarajevo 140 become final and binding, yet the payment under these decisions took no
place. In order to check the allegations of the complainant in its letter dated 11 January 2019 the
Ombudsman asked the Ministry of Finance of Sarajevo Canton to provide their explanation. The
received reply, among other things, reads as follows 141: „... the Decision on Enforcement is
recorded in the Unique database of the enforceable decisions to be credited from the main
transactions account of the Sarajevo Canton and will be enforced in accordance with the Law on
Executive Proceedings, the 2019 Budget of the Sarajevo Canton and the Law on the Execution of
the 2019 Budget of the Sarajevo Canton.
Example: Ombudspersons have processed multiple cases 142 in which the respondent party was
the Government of Zenica-Doboj Canton and the Government of Central Bosnia Canton. The
complainants, acting under the power of attorney from the applicants claim that the European
Court of Human Rights on 14 January 2019 rendered its judgment in cases: Šain and others v.
Bosnia and Herzegovina 143, Elčić and others v. BiH 144, and on 07 February 2019 the judgment in
multiple cases 145 declaring the applications admissible. The complainants added that the ECHR
informed them that the judgments became final and binding on 17 January 2019 and 07 February
2019. The Governments of Zenica-Doboj and Central Bosnia had an obligation to fully enforce
the mentioned judgments no later than 17 April 2019 and 07 May 2019. In response to the request
to enforce the judgment in the case: Šain and others v. BiH, Elčić and others v. BiH, Dujak and
others v. BiH, Hrnjić and others v. BiH, the Government of Zenica-Doboj Canton passed a decision
on method of the judgment enforcement pursuant to which it was ordered to the Ministry of
Finance to pay as non-pecuniary damage an amount of (1,000 EUR per applicant) and the costs of
the proceedings before the European court (350 EUR per applicant), while the principal debt,
interest and other costs of the civil and enforcement proceedings which make part of the judgment
of the European court will be paid in the same manner applied for domestic judgments of other
enforcement claimants according to the creditors payment priority scheme with the ABS bank. In
accordance with the Rules of Procedure Ombudspersons addressed the Government of the ZenicaDoboj Canton and Central Bosnia Canton. The Government of Zenica-Doboj Canton 146 expressed
its determination to enforce the judgment of the European court of Human Rights, among other
things. In this respect, the Ministry of Finance of the Zenica-Doboj Canton paid its financial
obligations toward the applicants in part related to the non-pecuniary damages per applicant and
the costs of the proceedings held before the European Court of Human Rights. The Government
of the Zenica-Doboj Canton claimed that if it would accelerated the payment schedule, the
complete cantonal budget would not be enough to settle all the obligations. On the Ombudsman's
request the Government of the Central Bosnia Canton submitted its explanation 147 in which it said
139
A judgment of the Municipal Court in Sarajevo no.: 65 0 I 376286 13 I dated 27 September 2013
A judgment of the Municipal Court in Sarajevo no.. 65 0 I 343367 13 I, 65 0 I 734291 18 I, 65 0 I 734288 18 I
141
A document of the Ministry of Finance of the Canton Sarajevo no.: 08-10-1018 dated 12 February 2019
142
Ž-BL-08-439/19
143
Application no.: 61620/15 and 53 others
144
Application no.: 34524/15 and 5 others
145
Dujak and al v. BiH, application no.: 173030/15 and 52 others; Hrnjić and al v. BiH, application no.: 20954/13
and 57 others; Avdić and al v. BiH, application no.: 47345/15 and 40 others
146
A document no.: 07-06-1326/19 dated 02 July 2019
147
A document no.: 02-14-206/2019 dated 11 July 2019
140
41
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