Evropski sud za ljudska prava presudio: Crkva iz dvorišta Fate Orlović mora biti uklonjena
Evropski sud za ljudska prava danas je donio odluku, odnosno konačnu presudu kojim se nalaže da BiH mora izvršiti odluke kojima se nalaže uklanjanje crkve iz dvorišta Fate Orlović u Konjević Polju.
Ovu informaciju potvrdio je za Klix.ba sudija u Evropskom sudu za ljudska prava Faris Vehabović.
Evropski sud za ljudsk aprava jednoglasno je odlučio da je došlo do povrede člana 1 Protokola 1 (zaštita imovine) uz Evropsku konvenciju o ljudskim pravima.
Slučaj se odnosi na crkvu koju je Srpska pravoslavna crkvena opština izgradila na imovini koju su podnositelji prijave, odnosno nana Fata Orlović bili prinuđeni napustiti tokom rata u periodu 1992. – 1995.
Sud je utvrdio da je propust vlasti da ispoštuju konačne i obavezujuće odluke iz 1999. i 2001. godine kojima je utvrđeno pravo na povrat predmetne imovine u posjed podnositelja tužbe, a za koji vlasti nisu ponudile nikakvo opravdanje. To je imalo za posljedicu ozbiljno narušavanje prava na imovinu.
Sud je također utvrdio, sa šest glasova, naspram jednog, na osnovu člana 46. (obaveznost i izvršenje presuda) da tužena država treba osigurati izvršenje dvije odluke koje su donijete u korist podnositelja tužbe, a naročito da osigura uklanjanje crkve sa njihove imovine, najkasnije u roku od tri mjeseca nakon što ova presuda postane konačna.
Tužbu je podnijelo 14 članova iste porodice, koji su rođeni u periodu između 1942. i 1982. godine, i žive u Konjević Polju i Srebreniku. Suprug prve podnositeljice predstavke i više od 20 drugih srodnika ubijeni su u genocidu u Srebrenici 1995. godine.
Tokom rata 1992.- 95. godine podnositelji predstavke su bili prinuđeni da napuste svoj dom u Konjević Polju.
Imovina na kojoj su živjeli pripadala je suprugu prve podnositeljice i njegovom bratu, a sastojala se od nekoliko stambenih i poljoprivrednih objekata, njiva i livada.
Nakon što je imovina izuzeta u korist Crkvene opštine Drinjača, tokom 1998. godine tu je izgrađena crkva. Podnositelji tužbe nikada nisu bili obaviješteni o postupku eksproprijacije.
U cilju implementacije Aneksa 7 Dejtonskog sporazuma, koji garantuje pravo na slobodan povratak izbjeglica u njihove domove i pravo na povrat imovine, Republika Srpska (jedan od dva entiteta Bosne i Hercegovine) je 1998. godine donijela Zakon o
prestanku primjene Zakona o korištenju napuštene imovine.
Podnositelji tužbe su pokrenuli postupak za povrat predmetne imovine u skladu sa ovim Zakonom. Odlukom Komisije za imovinske zahtjeve raseljenih lica i izbjeglica (CRPC) iz 1999. godine, a nakon toga i odlukom Ministarstva za izbjeglice i raseljena lica iz 2001. godine, utvrđeno je njihovo
pravo na potpuni povrat imovine.
Obje navedene odluke su konačne i izvršne. Imovina je potom vraćena podnositeljima, izuzev parcele na kojoj je izgrađena crkva. Narednih godina podnositelji su bezuspješno tražili potpuni povrat imovine.
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