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Press statement | 16.12.2019

Ensuring proportionality between debt and real estate for sale in the process of enforcement of a judgment

Human Rights Ombudsman of Bosnia and HerzegovinaHuman Rights Ombudsman of Bosnia and Herzegovina

On the appeal of the complainant, a war veteran - paraplegic, with a fixed percentage of disability of 100% category I, the Ombudsmen of Bosnia and Herzegovina issued Recommendation No. P-280/19 on 13 December 2019 to consider submitting a proposal for a change in the subject matter of enforcement in the enforcement proceedings of the Sarajevo Municipal Court.

In the process of executing the judgment of the Sarajevo Municipal Court, the Public Attorney General's Office initially filed a Motion for Enforcement on a Motor Vehicle Owned by the Complainant, which proceedings were terminated on the complainant's objection. Thereafter, the Public Attorney General's Office of the Centar Municipality suggested that the execution be carried out by seizing, appraising and selling the property owned by the complainant, which in nature is a two bedroom apartment in Sarajevo, measuring 80.39 m2. In addition to the fact that the complainant points out that he is the beneficiary of disability pension and personal disability benefits, which could be the subject of the execution, he also points out that the said property, in which the complainant resides with his family, is completely adapted for persons with disabilities. By selling the property, the complainant's family would be left without a home and basic subsistence.

The Ombudsmen of Bosnia and Herzegovina recalled the Decision of the Constitutional Court of Bosnia and Herzegovina AP-1955 of May 26, 2019, which determined that the sale of seven properties worth KM 44,249.50 for debt collection of KM 64,90 would lead to the deprivation of the appellant's ownership of these real estate, and that sufficient care was taken to establish a proportionality between the appellant's debt and the real estate for sale.

The Ombudsmen of Bosnia and Herzegovina will monitor the implementation of the Recommendation and undertake activities within the meaning of the Law on Human Rights Ombudsman of Bosnia and Herzegovina and the Rules of Procedure of the Human Rights Ombudsman of Bosnia and Herzegovina.

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