CH/02/12470
144. The Chamber has, however, established that Bosnia and Herzegovina violated the applicant’s
rights under Article 3 of the First Protocol to the Convention. Considering that the violation of Article
3 of the First Protocol to the Convention arises from the decision of the Election Commission of 12
June 2002 and the decision of the Court of Bosnia and Herzegovina of 5 July 2002, the Chamber
considers it appropriate to order the respondent Party to take, by 7 February 2004, all necessary
steps to annul these two decisions.
145. In recognition of the moral damages the applicant suffered due to his inability to participate in
the General Elections in 2002, the Chamber will order Bosnia and Herzegovina to publish this
decision in its Official Gazette by 7 February 2004.
146. Moreover, the Chamber will order Bosnia and Herzegovina to pay to the applicant the sum of
5,000 KM in recognition of the sense of injustice he has suffered as a result of the violation of
Article 3 of the First Protocol to the Convention. The sum awarded in this paragraph shall be paid to
the applicant by 7 December 2003.
147. Given the applicant’s legal costs in the proceedings before the Chamber, the Chamber will
further award monetary compensation in the amount of 2,000 KM for legal costs, which shall be paid
to the applicant by 7 December 2003. The Chamber dismisses the remainder of the applicant’s
compensation claims.
148. The Chamber will further award simple interest at an annual rate of 10% (ten per cent) on the
sum awarded in paragraphs 146 and 147 above or any unpaid portions thereof as of the date of
expiry of the one-month period set in the same paragraph.
IX.
CONCLUSIONS
149.
For the above reasons, the Chamber decides,
1.
unanimously, to declare the application inadmissible against the Federation of Bosnia and
Herzegovina in relation to the complaints under Article 6 of the European Convention on Human
Rights;
2.
unanimously, to declare the application inadmissible against the Federation of Bosnia and
Herzegovina in relation to the complaints under Article 13 of the European Convention on Human
Rights in connection with Article 6 of the European Convention on Human Rights;
3.
unanimously, to declare the application inadmissible in relation to the complaint under Article
25 of the International Covenant on Civil and Political Rights;
4.
unanimously, to declare the application inadmissible in relation to the complaint of
discrimination in connection with Article 25 of the International Covenant on Civil and Political Rights;
5.
unanimously, to declare the application inadmissible in relation to the Federation of Bosnia
and Herzegovina under Article 3 of the First Protocol to the European Convention on Human Rights;
6.
unanimously, to declare the application admissible in relation to Bosnia and Herzegovina
under Article 3 of the First Protocol to the European Convention on Human Rights;
7.
by 12 votes to 2, that Bosnia and Herzegovina has violated the right of the applicant to run
for elections within the meaning of Article 3 of the First Protocol to the European Convention on
Human Rights, Bosnia and Herzegovina thereby being in breach of Article I of the Agreement;
8.
by 12 votes to 2, to order Bosnia and Herzegovina to take all steps, at the latest by 7
February 2004, to annul the decision of the Election Commission of 12 June 2002 and the decision
of the Court of Bosnia and Herzegovina of 5 July 2002;
25
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