On 25-26 March, the Department for the Execution of Judgments carried out a mission to Bosnia and Herzegovina, organised in close cooperation with the Permanent Representation of Bosnia and Herzegovina to the Council of Europe. The aim of the visit was to discuss cases pending under the supervision of the Committee of Ministers and to raise awareness of the work, practice and procedures of the Committee of Ministers and the Department.
The delegation met with the Minister of Justice of Bosnia and Herzegovina and the representative of the Office of the Chairwoman of the Council of Ministers of Bosnia and Herzegovina, to discuss the implementation of judgments concerning electoral discrimination (Sejdić and Finci group), ahead of the examination of this group at the Committee’s 1501st Human Rights meeting (11-13 June 2024). The delegation further discussed the steps taken to implement the judgment concerning discrimination of judicial clerks at the State Court (Pinkas and Others), as well as the long outstanding payment of the just satisfaction awarded by the Court in a case concerning violations of the right to a fair trial of a recognised refugee with severe mental disability (Muqishta). With respect to the former issue, the Minister of Justice informed the delegation of the recent adoption by the Council of Ministers of Bosnia and Herzegovina of draft amendments to the relevant legislation and its foreseen introduction in the parliamentary procedure.
A separate meeting was held with the representatives of the authorities of the Federation of Bosnia and Herzegovina, notably the representatives of the Office of the Prime Minister of the Federation of Bosnia and Herzegovina, the Ministry of Justice, the Ministry of Health, the Ministry of Labour and the Social Policy of the Federation of Bosnia and Herzegovina, and the Director of the Office for Cooperation and Representation before the Constitutional Court of Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina. The discussions focused on the steps taken to implement the cases concerning violations of property rights with respect to pre-war military flats (Đokić and Mago group), violations of the right to liberty and security on account of the unlawful placements in a social care home (Hadžimejlić), and excessive length of civil proceedings (Hadžajlić and Others). The authorities provided detailed information on steps taken or foreseen for executing all three groups of cases, including the recent introduction in the legislative procedure of the required amendments in the first two groups, and progress achieved in the drafting of the new legislation in the third group.
The delegation also had a meeting with the Ministry of Justice and Administration, the Ministry of Economy, and the State Attorney's Office of the Sarajevo Canton, on the non-execution of judgments and friendly settlements rendered against that canton (Brulić), and the modalities and functioning of the action plan on the repayment of the outstanding cantonal debts.
Lastly, the delegation met with the representatives of the Ministry of Human Rights and Refugees of Bosnia and Herzegovina. The exchange focused on the execution of the above cases, the practice and procedures of the Committee and the Department, as well the functioning of the Office of the Representative of the Council of Ministers of Bosnia and Herzegovina before the European Court.
