News in English     | 01.10.2019. 13:05 |

Fata Orlović: It has been worth fighting all these years

FENA Alma Zukanović

SARAJEVO, October 1 (FENA) - It has been worth fighting for all these years and I recommend everyone to let go of those things that belong to someone else and to fight for their own, said Fata Orlović today, commenting on the judgment of the European Court of Human Rights (ECHR), which unanimously ruled that the European Convention on Human Rights was violated in connection with the church that was built illegally on her land.

The case concerned a church erected by the Serbian Orthodox Parish on the land of Fata Orlović.

“I feel good and this is a very good day, although it all took such a long time,” Orlović pointed out.

In today’s Chamber judgment 1 in the case of Orlović and Others v. Bosnia and Herzegovina (application no. 16332/18) the European Court of Human Rights held, unanimously, that there had been: a violation of Article 1 of Protocol No. 1 (protection of property) to the European Convention on Human Rights, stated the ECHR.

The case concerned a church built by the Serbian Orthodox Parish on the applicants’ land after they had had to flee their property during the 1992-95 war.

The Court found in particular that the authorities’ failure to comply with final and binding decisions of 1999 and 2001 ordering full repossession of the land by the applicants, without any justification on the part of the Government for such inaction, had seriously frustrated their property rights.

It also held, by six votes to one, under Article 46 (binding force and implementation) that the respondent State had to ensure enforcement of the two decisions in the applicants’ favor, including in particular the removal of the church from the applicants’ land, at the latest within three months of this judgment becoming final.

The applicants are a family of 14 citizens of Bosnia and Herzegovina, born between 1942 and 1982. They live in Konjević Polje and Srebrenik, in Bosnia and Herzegovina. They survive the first applicant’s husband and more than 20 other relatives who were killed in the Srebrenica genocide in 1995.

During the 1992-95 war, they were forced to flee from their home in Konjević Polje. The property belonged to the first applicant’s husband and his brother and consisted of several individual and agricultural buildings, fields and meadows.

In 1998, a church was built on their land following expropriation proceedings in favor of the Drinjača Serbian Orthodox Parish. The applicants were never informed of those proceedings.

 

(FENA) S. R.

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