Case No.: CH/98/1019
Applicant: Sp.L., J.L., Sv.L. and A.L.
Respondent Party: Republika Srpska
Date Delivered: 6 April 2001

DECISION ON ADMISSIBILITY AND MERITS

Factual Background

The applicants are citizens of Bosnia and Herzegovina. Sp.L. ("first applicant"), his wife ("J.L.") and his two sons ("Sv.L." and "A.L.") are the holders of savings accounts with Kristal Banka AD, Banja Luka, Branch Office Doboj ("Bank"). In 1992 the applicants initiated proceedings before the Municipal Court in Doboj seeking disbursement of their savings and compensation for loss of profit due to their inability to withdraw their savings from the Bank. J.L., Sv.L. and A.L. were represented by the first applicant in the proceedings before the Chamber and were represented by him in all domestic proceedings. In 1993 the Court of First Instance in Doboj ordered the Bank to pay to the applicants the sums they had on deposit with it. This decision entered into force and the applicants sought execution of the decision, but without success.

Admissibility

Finding that the remedies available had not proved effective in practice, and thus that the applicants had exhausted the remedies available to them, the Chamber declared the case admissible.

Merits

Article 6 of the Convention

The Chamber found that it was due to the conduct of relevant national authorities that the proceedings were unnecessarily prolonged. Since the length of the proceedings must be imputed to the authorities of the Republika Srpska, there was a violation of Article 6.

Article 1 of Protocol No. 1 to the Convention

The Chamber found that the applicants' deposits with the Bank constituted "possessions" within the meaning of Article 1 of Protocol No. 1. Noting that in the proceedings before it, no convincing reason was put forward as to why the decision of the Court of First Instance in Doboj should not be enforced, the Chamber found that the respondent Party had failed effectively to secure the applicants' rights to peaceful enjoyment of their possessions. Thus, there was a breach of their rights as guaranteed by Article 1 of Protocol No. 1.

Remedies

The Chamber ordered the Republika Srpska to ensure the full enforcement of the decision of the Court of First Instance in Doboj in the applicants' proceedings against the Bank.

Decision adopted 3 April 2001
Decision delivered 6 April 2001