Two months after the ruling for savers, associations and lawyers want to cheat citizens!

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, writes the Patria news agency.

Almost two months after the publication of this ruling, it has been observed that savers are not sufficiently informed about the content and further procedure – the method of implementing this ruling.

– Some lawyers, individuals, and representatives of associations have created the impression through their media appearances that they are behind this procedure, which is not true. My personal opinion is that these gentlemen are waiting for the ruling to be implemented, and then to charge savers high fees and honoraria – 10 percent and more of the total claim – under the guise that they have "finished it", which I consider very dangerous and which I want to oppose – said Bešlo. 

He further explained that non-material damages in the amount of 4,000 euros each, as compensation for endured moral pain and frustrations due to the violation of rights guaranteed by the Convention and Protocols, were awarded only to the applicants – Ališić, Sadžak, and Šahdanović.

– Although the Court is of the opinion that all other savers are in the same position, it did not find it necessary to award such damages to everyone. That would be a significant financial burden for the countries in question; the Court has retained the possibility of awarding this compensation to other savers, as a threat, if Slovenia and Serbia do not implement the ruling – says Mujčin.

Slovenia and Serbia are obliged to pay non-material damages within three months from the date of the ruling's publication.

– If they fail to do so, interest will be charged on the aforementioned amount, based on the lowest interest rate on European Central Bank loans (currently 0.05%) increased by three percentage points – explained Bešlo.

Regarding interest, the Court, in principle, protects property in its original form and scope and does not consider itself obliged to ensure its increase.

– For the sake of the principle of equality, Slovenia and Serbia are obliged to take all necessary measures within one year to pay their savings to the applicants and all other savers under the same conditions as to Slovenian and Serbian citizens – says Bešlo.

Bešlo, as the authorized representative of the applicants, conducted this procedure in its entirety.

– I filed the application on July 30, 2005. In 2008, the Court (citing procedural economy as the reason) separated these three applicants and further processed and concluded the case as a "pilot" ruling. Given that this ruling also applies to all other savers who had savings in the so-called "Slovenian" and "Serbian" banks, no costs related to this case were incurred by those savers, and savers are not obliged to pay anyone for the costs of this case and the "pilot" ruling – emphasized Bešlo.

It is known that a number of savers have disposed of their claims, through sale, gift, assignment, etc., to natural persons-individuals, through participation (to a lesser extent) in verification and privatization carried out in Bosnia and Herzegovina, to the transfer of claims to "domestic" banks in the Republic of Croatia.

– The amount of these "transferred" claims is not precisely known or determined. The Court is aware that during privatization in Bosnia and Herzegovina, an "unofficial market" appeared where such savings were sold for as little as three percent of their nominal value! I believe that this ruling does not apply to such "transferred" savings – added Bešlo.

In his opinion, the ruling protects only the original owners of old foreign currency savings, i.e., persons who inherited the savings. This also includes the category of owners-heirs in case of loss or damage to the savings book.

– Only these persons are being obstructed in the peaceful enjoyment of their property and other rights in the sense and spirit of the Convention and Protocols. Therefore, I believe that the amount of "actual" savings is smaller – perhaps much smaller – than the so-called "book" amount appearing in the records of banks or relevant ministries, and that the first real step in determining the method of implementing the ruling and taking the necessary measures is to collect data that corresponds to the actual situation, and only then to determine the further procedure – explained Bešlo, emphasizing that the Grand Chamber's ruling is final.