In today’s Chamber judgment 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. 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’ favour, including in particular the removal of the church from the applicants’ land, at the latest within three months of this judgment becoming final. Den Rest des Beitrags lesen »