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in the case of
RUŽA JELICIC v. THE REPUBLIKA SRPSKA
(Case No. CH/99/1859)
FACTUAL BACKGROUND
Ms. Jelicic, a citizen of Bosnia and Herzegovina, is the holder of
various foreign currency savings accounts with Banjalučka Banka
d.d., a bank registered in the Republika Srpska. On 26 November
1998, she obtained a decision of the Court of First Instance in
Banja Luka, ordering the bank to pay to her the sums she holds on
those accounts, which amount to approximately 300,000 German
Marks. This decision has not yet been enforced, despite the
attempts of the applicant to achieve this.
FINDINGS OF THE CHAMBER
Admissibility
The Chamber declared the application admissible, as it established
that there was no remedy available to her in the legal system of
the Republika Srpska against the failure of the authorities to
enforce the decision of the court in her favour.
Merits
Article 6 (1) of the European Convention on Human Rights
The Chamber concluded that the failure to enforce the decision of
the Court of First Instance in the applicant’s favour, which was a
final and binding decision, constituted a violation of her right
to a fair hearing in the determination of her civil rights, as
guaranteed by paragraph 1 of Article 6 of the Convention.
Article 1 of Protocol No. 1 to the Convention
The Chamber concluded that the failure of the authorities of the
Republika Srpska to enforce the court decision in the applicant’s
favour constituted a violation of the applicant’s right to
peaceful enjoyment of her possessions as guaranteed by this
provision.
REMEDIES
The Chamber ordered the Republika Srpska, without further delay,
to ensure the full enforcement of the decision of the Court of
First Instance in Banja Luka.
Decision delivered 11 February 2000
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