European Court of Human Rights publishes full content of 'Kovačević' judgment: Five judges issue separate opinions

(Patria) - The European Court of Human Rights in Strasbourg has published the full content of the Grand Chamber judgment in the case "Kovačević v. Bosnia and Herzegovina", concluding that Slaven Kovačević cannot be considered a victim of a violation of the European Convention on Human Rights.

This overturns the first-instance judgment of the Court, which had been in Kovačević's favour. Five judges issued separate opinions.

Kovačević complained that due to the combination of territorial and ethnic conditions applied in the election of delegates to the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina, he cannot vote for candidates of his choice, nor can he do so in the Presidency of Bosnia and Herzegovina.

On 25 June, the European Court ruled by 16 votes to 1 that the applicant's complaints concerning a violation of Article 3 of Protocol No. 1 to the Convention (right to free elections), alone and in conjunction with Article 14 of the Convention (prohibition of discrimination), given the indirect nature of the elections for the House of Peoples of the Parliamentary Assembly of Bosnia and Herzegovina and the amendments to certain electoral rules on the day of the elections on 2 October 2022, do not fall within the scope of the case before the Grand Chamber.

The Court ruled that Kovačević's application was inadmissible because the applicant had abused the right of application, and by 12 votes to 5 ruled that the applicant cannot be considered a victim of a violation of any Convention right.

Additionally, the Court unanimously ruled that it was not necessary to examine all other objections of the Council of Ministers of Bosnia and Herzegovina regarding the inadmissibility of the applicant's application.

The first-instance judgment was rendered in August 2023, after which the acting agents, whose mandates had expired, filed an appeal with the European Court of Human Rights on behalf of the Council of Ministers of Bosnia and Herzegovina.