Lawyer Mujčin, instrumental in the depositors' ruling: Don't fall for scammers' offers!

Lawyer Bešlo Mujčin, born in Zenica and with an office in Düsseldorf, Germany, is one of the key figures who achieved a victory before the European Court of Human Rights, whose ruling states that Slovenia and Serbia must return the so-called old foreign currency savings deposited in the former Ljubljanska banka and Investbanka, reports the Patria News Agency.

He addressed our editorial office and pointed out that Serbia has acted upon the order of the European Court of Human Rights from the "pilot" ruling on "old foreign currency savings" - Ališić and others v. successor states of the former SFRY, and has paid non-material damages to Mr. Sadik Šahdanović - as ordered by the Ruling.

Given that this is a sign that the Republic of Slovenia and the Republic of Serbia intend to approach the further implementation of the Ruling seriously and responsibly, I would like to warn once again:

- Within the scope of the proceedings based on my Application submitted to the Court on July 30, 2005, the legal issue and status of "old foreign currency savings" in the banks of the former SFRY has been finally and fully adjudicated, in such a way that Slovenia and Serbia are obliged to pay the savings, while the Court took the position that the remaining successor states, Bosnia and Herzegovina, Croatia, and the former Yugoslav Republic of Macedonia, have not violated the rights of depositors guaranteed by the Convention and Protocols, and the Court did not accept the Application in relation to them. I was informed of this by the Court in a letter dated October 9, 2014.

- This is a "res judicata" matter, so any further lawsuit to any other court against any successor state is inadmissible and will be dismissed. The only possible intervention is to report any non-compliance with the Ruling, or with the proposed "systemic" solutions - such as in Bosnia and Herzegovina - to the Supervisory Committee of the Council of Ministers of the Council of Europe or the ECtHR, so that these bodies can take further measures and actions within their powers and jurisdiction. I ask and warn depositors not to fall for incorrect advice, even from "reputable lawyers from the Federal Republic of Germany" in this regard - you will only incur further unnecessary costs.

- This "pilot" Ruling does not only apply to the applicants - it also applies to all other depositors who had savings in banks whose "parent bank" was headquartered in Slovenia and Serbia, regardless of where the branch-affiliate of these banks was located, and regardless of the depositor's citizenship and residence.

- Depositors to whom this Ruling applies, and who were not my clients and did not directly participate in the proceedings before the ECtHR, do not need and do not have to pay anyone costs and fees for representation - I personally bore these costs and have not yet collected my fee, mainly because I did not charge my clients for these costs, nor did I agree to charge them. The amount of the dispute has not been determined, it is a collective Application and a "pilot" Ruling, and it is not permissible to charge each party individually the "full amount according to the lawyer's tariff" - as some lawyers and other representatives are doing. Circular letters are still being incorrectly sent to depositors, high advances are being requested, and success fees are being agreed upon at 9% or more. What success, when the matter has been ruled upon.

- Slovenia and Serbia will determine to whom, how, and with what necessary documentation claims will need to be submitted - this has not yet been determined - an action plan should be adopted and presented by January 16, 2015 - this will also be announced in the media. These countries will also further determine the procedure related to lost passbooks, the method and deadlines for payment, the amount of interest, etc. Until then, it is not yet known whether a representative will be needed for the depositor in the process of implementing the Ruling, or whether they will be able to do it themselves - only then will the content and scope of the actions to be taken be determined. Any commitment of depositors with powers of attorney and contracts in this regard is unfounded and premature.

- Depositors who, out of ignorance, deception, or error, have signed powers of attorney and fee agreements have the right to revoke these powers of attorney, terminate the fee agreements, request a report from the representative on what has been done so far, or have the right to request a refund of unjustly paid advances and costs. The first Ruling was issued on November 6, 2012, and I advise all depositors who have been misled after that date due to incorrect and inaccurate information and advice to act accordingly - this is your right and your property.

- I ask all interested parties and all those who are able to contribute to the correct and efficient implementation of this Ruling and to help prevent unnecessary misunderstandings and potential abuses by anyone, stated Bešlo.