MINISTERS’ DEPUTIES

Decisions

CM/Del/Dec(2021)1419/H46-6

2 December 2021

1419^th meeting, 30 November – 2 December 2021 (DH)

H46-6 Dokić and Mago and Others v. Bosnia and Herzegovina (Application Nos. 6518/04 and 12959/05)

Supervision of the execution of the European Court’s judgments

Reference document

CM/Notes/1419/H46-6

Decisions

The Deputies

1. recalled that these cases concern violations of the applicants’ right to peaceful enjoyment of their property on account of their inability to repossess their pre-war military flats in the Federation of Bosnia and Herzegovina;

2. recalled that responding to the Committee’s past calls, the authorities of the Federation of Bosnia and Herzegovina prepared draft legislation aimed at introducing a compensation scheme for persons in similar situations which was approved by the Government of the Federation of Bosnia and Herzegovina in October 2018;

3. regretted that the compensation scheme did not come into force as the legislative amendments did not attract the necessary parliamentary majority by the Parliamentary Assembly of the Federation of Bosnia and Herzegovina; noted however that the competent authorities undertook to shortly prepare new draft amendments and table them to the Parliamentary Assembly of Bosnia and Herzegovina;

4. welcomed the recent developments in the case-law of the Constitutional Court of Bosnia and Herzegovina and the Supreme Court of the Federation of Bosnia and Herzegovina enabling individuals with similar cases to obtain compensation; invited the authorities to keep the Committee of Ministers informed about further developments in this respect, including on the lower courts’ case-law and its full alignment with the Court’s judgments;

5. noting the authorities’ assessment that the present judgments require the introduction of legislative amendments to align the domestic legislation with the Convention and that the Government of the Federation remains committed to take steps so that these legislative measures are taken as a matter of priority, invited the authorities to complete the envisaged legislative reform with a view to providing effective redress to all those affected;

6. in this context, encouraged them to co-operate closely with the Secretariat with a view to ensuring that the compensation scheme to be introduced is Convention-compliant and invited also the authorities to provide the Committee of Ministers with information on all these issues, including on the progress of the relevant legislative process by 31 March 2022 at the latest; at the same time, in light of the progress achieved, notably the above change of the case-law of domestic courts, decided to continue examination of these outstanding issues in the standard procedure.