Press statement | 21.03.2017

Following intervention of the Ombudsmen of Bosnia and Herzegovina complainant from Derventa approved requested apartment lease

The Institutions of Ombudsman for Human Rights registered case number: Ž-BL-05-547/16 in which the complainant lodged complaint received on 19 08.2016, complaining about the conduct of the Municipality of Derventa. As the subject of the complaint is alleged violation of property rights in relation to lack of realization of occupancy right. The Municipality of Derventa refused to grant the designated apartment lease, arguing that by the Law on Amendments to the Law on Privatization of State-Owned Apartments ("Official Gazette of the Republic of Srpska", no. 118/11, 67/13 and 60/15), deadline to fulfill the requirement was extended to 30.06.2018.

During the process of investigation based on information from an act of the municipality Derventa No. 06-053-13 of 08.22.2016. it was determined that "Derventa municipality currently has 46 free apartments most of which are uninhabitable or devastated, or of partly devastated state", and that the Ministry of Physical Planning, Construction and the Environment of the Republic of Srpska in the Municipality of Derventa performed the examinations in terms of the Law on State-Owned Apartments without Occupancy Rights ( "Official Gazette of the Republic of Srpska", No. 98/11), and ordered interim measures to enable the implementation of the said law.

In this regard, and after analyzing the documentation submitted, the Ombudsmen of Bosnia and Herzegovina concluded that the individual may not and must not suffer the consequences due to unwillingness of the local community to take action and to address specific issues. Namely, as stated in Article 15 of the Law on State-Owned Apartments without Occupancy Right, disposal holders, in this case the Municipality of Derventa, within 30 days from the date of the overtaking should start procedure of leasing apartments. In connection, the Ombudsmen of Bosnia and Herzegovina stressed that although the Law on Amendments to the Law on Privatization of State-Owned Apartments extended deadline for meeting the requirements to 30.06.2018, it certainly should not mean that the obligation of allocation of apartments is due only upon the expiration of the deadline, especially given the fact that the Municipality of Derventa has a number of apartments, which it confirmed in its acts. Therefore, the Ombudsmen took the view that it is necessary to start allocation of apartments procedures as soon as possible, with the aim of exercising the right of the complainant designated as guaranteed by the highest legal acts of the country, and also by adopted international conventions.

In recommendation No. P-211/16 of 28.10.2016, addressed to the Mayor of Derventa, the Ombudsmen of Bosnia and Herzegovina recommended that ,,in the case of complaint lodged by the complainant as soon as possible carry out the procedure for concluding contracts for the purchase and lease of apartments without occupancy rights".

In his reply to the recommendation the Mayor of the Municipality Derventa, No. 02-372-64 of 27.02.2017, stated ,,that the complainant was approved apartment lease and that the processing of documents for the purchase of the apartment was taking place, and that the Rulebook on leasing of apartments without occupancy rights, and the housing Commission was appointed, which has launched a competition for the lease, and that it considered the submitted documentation and determined the rankings of the applicants to the competition.

Since from the response submitted arises that the complainant has exercised the right, the Ombudsmen commend all activities undertaken by the Mayor of Derventa in order to implement the recommendation that in the end led to exercise of property rights of the complainant.

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