Aksić against Serbia
Application no. 13353/19
Vitomir AKSIĆ v. Serbia
The European Court of Human Rights (Second Department), at the meeting of the Board on November 10, 2022, composed of:
- Armen Harutyunyan, President,
- Anja Seibert-Fohr,
- Ana Maria Guerra Martins, judges,
- and Viktoriya Maradudina, Acting Secretary of the Department,
Bearing in mind the above petition submitted on February 22, 2019,
Bearing in mind the observations submitted by the respondent Government, as well as the observations submitted by the petitioners in response,
After deliberation, it decides as follows:
FACTS AND PROCEDURE
Information about the applicant is listed in the attached table.
The applicant was represented by Mr. L. Uljarević, lawyer from Kragujevac.
The applicant's complaints based on Article 6, paragraph 1 of the Convention and Article 1 of Protocol no. 1 in connection with the non-execution of the domestic decision adopted against the social/state enterprise were submitted to the Government of the Republic of Serbia (hereinafter: "Government").
After examining all the submitted material, the Court adopted the decision that the applicant's complaints about non-execution of the domestic decision that is the subject of consideration are inadmissible because he did not use the legal means provided for in the Law on the Right to Trial within a reasonable time (Official Gazette No. 40/2015). In the case of Stanković v. Serbia ((sec.), no. 41285/19, paragraph 22, December 3, 2019), the court concluded that the applicant who used the aforementioned legal means lost the status of "victim" in the sense of Article 34 Conventions. In this case, the applicant did not explain why the listed remedies would be inadequate or ineffective in his case.
Considering the above, the Court finds that these complaints are inadmissible due to non-exhaustion of domestic legal remedies and must be rejected in accordance with Article 35, paragraph 1 and Article 4 of the Convention.
For these reasons, the Court, unanimously,
It declares the application inadmissible.
Compiled in English and delivered in writing on December 1, 2022.