European Court overturns initial ruling in Kovacevic v. Bosnia case

In the initial judgment, issued with six votes in favour and one against, the ECHR found that Bosnia and Herzegovina had breached Article 1 of Protocol No. 12 of the European Convention on Human Rights, which prohibits discrimination. The violation related to Kovacevic's ineligibility to stand for election to the House of Peoples of the Parliamentary Assembly and the Presidency of Bosnia and Herzegovina, as he did not belong to one of the three constituent peoples (Bosniaks, Croats, or Serbs).

However, the Grand Chamber has now dismissed the application. According to the Federation of Bosnia and Herzegovina’s Justice Minister, Vedran Skobic (Croat Democratic Union - HDZ BiH), the Court concluded that Kovacevic "abused the application process" by misleading the Court and failing to exhaust all legal remedies available within Bosnia and Herzegovina. Most importantly, Skobic emphasised, the Court found that Kovacevic did not qualify as a "victim" under the Convention.

“This is a very important decision, as it rejects the idea of a civic or unitary Bosnia and Herzegovina envisioned through this application. It reaffirms that Bosnia and Herzegovina is, and must remain, a pluralistic society where Bosniaks, Croats, and Serbs are equal and recognised as constituent peoples,” Skobic stated.

The case has attracted significant international attention, with observers closely monitoring the outcome. Dutch MEP Tineke Strik expressed concern over the reported political pressure surrounding the case.

“The level of pressure exerted by states and institutions on the Court to overturn its August 29, 2023, ruling is absolutely unprecedented,” Strik said in a social media post. “This only underscores the importance of the case’s outcome. Anyone hoping for a democratic, EU-oriented future for Bosnia and Herzegovina should have supported Kovacevic.”

The Court’s full reasoning is expected to be made public in the coming days.