prijava
SARAJEVO, June 5 (FENA) - The European Court of Human Rights today delivered a judgment in the case of Roman Catholic Archdiocese of Vrhbosna v. Bosnia and Herzegovina concerning the failure of the competent authorities of the Central Bosnia Canton and the Federation of Bosnia and Herzegovina to enforce the decision of the Human Rights Chamber for BiH on 9 May 2003 which determined that the authorities in the Federation of Bosnia and Herzegovina had discriminated against the applicant in its enjoyment of the right to freedom of religion.
The Chamber ordered the Federation of BiH to ensure the relocation of public schools from the Archdiocese Gymnasium building and to reinstate the applicant in the premises within one year.
In May 2004, the Federation of Bosnia and Herzegovina concluded an agreement with the Archdiocese of Vrhbosna, under which it undertook to reinstate the applicant in the impugned premises by July 1, 2006. Shortly thereafter, the Travnik Municipal Council adopted the implementing decisions, and also one of the public schools was moved from the premises.
The Constitutional Court of BiH in 2012 determined that FBiH had not yet fully enforced the decision of the Human Rights Chamber.
Last year the applicant initiated civil proceedings against the public school remaining in its premises, requesting its relocation, as well as damages for the use of the premises for the period between 1 February 2014 and 1 June 2017.
The Municipal Court in Travnik rendered a judgment in the applicant’s favor, rewarding in full its claims finally specified in the proceedings, namely 270,360 KM for pecuniary damages and 6,713 KM for costs and expenses. The Municipal Court also ordered the respondent to vacate the applicant’s premises within 30 days from receiving the judgment.
In today's judgment, the European Court has ruled that there has been a violation of Article 6 of the Convention and of Article 1 of Protocol No. 1 to the Convention, that is, that the competent domestic authorities did not secure the immediate and full enforcement of the Chamber's decision of 9 May 2003. The European Court ordered the relevant authorities to immediately ensure the full enforcement of the Human Rights Chamber's decision.
The Archdiocese in the proceedings before the European Court of Appeal claimed a total of 1,522,143 euros in respect of pecuniary damage, for loss of rent over a period of 169 months, as well as compensation for the use of the playground during the same period. The applicant also claimed 200,000 euros in respect of non-pecuniary damage.
The European Court pointed out that, on the basis of its final judgment, the competent authority in BiH is obliged not just to pay the sums awarded by way of just satisfaction, but also to choose, subject to supervision by the CoE Committee of Ministers, the general and/or, if appropriate,individual measures to be adopted in its domestic legal order to put an end to the violation found.
The Court, therefore, orders the respondent Bosnia and Herzegovina must secure immediate and full enforcement of the Chamber's decision of 9 May 2003.
This verdict is final from the day of publication, the BiH Ministry of Human Rights and Refugees stated.
(FENA)
Notice: Trying to access array offset on value of type bool in /var/www/vhosts/fena.ba/httpdocs/post-new.php on line 215
