Judgment (Merits and Just Satisfaction) of European Court of Human Rights, April 17, 2012 (case CASE OF GRUDIC v. SERBIA)

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Judgment (Merits and Just Satisfaction) of European Court of Human Rights, April 17, 2012 (case CASE OF GRUDIC v. SERBIA)

SECOND SECTION

CASE OF GRUDIĆ v. SERBIA

(Application no. 31925/08)

JUDGMENT

STRASBOURG

17 April 2012

This judgment will become final in the circumstances set out in Article 44 § 2 of the Convention. It may be subject to editorial revision.

In the case of Grudić v. Serbia,

The European Court of Human Rights (Second Section), sitting as a Chamber composed of:

Françoise Tulkens, President,

Dragoljub Popović,

Isabelle Berro-Lefèvre,

András Sajó,

Guido Raimondi,

Paulo Pinto de Albuquerque,

Helen Keller, judges,

and Stanley Naismith, Section Registrar,

Having deliberated in private on 27 March 2012,

Delivers the following judgment, which was adopted on that date:

PROCEDURE

1. The case originated in an application (no. 31925/08) against Serbia lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by two Serbian nationals of Bosniak origin, Ms Ljutvija Grudić, formerly Klapija, ("the first applicant") and Mr Mahmut Grudić ("the second applicant"), on 24 June 2008.

2. The applicants, who had been granted legal aid, were represented by Ms R. Garibović, a lawyer practising in Novi Pazar. The Serbian Government ("the Government") were represented by their Agent, Mr S. Carić.

3. The President of the Second Section gave priority to the application in accordance with Rule 41 of the Rules of Court.

4. The applicants alleged that they had not been paid their disability pensions for more than a decade, and, further, that they had been discriminated against on the basis of their ethnic minority status.

5. On 3 March 2010 the President of the Second Section decided to give notice of the application to the Government. It was also decided to rule on the admissibility and merits of the application at the same time (former Article 29 § 3).

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

6. The applicants were born in 1952 and 1948, respectively, and are married to each other.

7. In 1995 and 1999, respectively, the applicants were granted disability pensions by the Serbian Pensions and Disability Insurance Fund (Republički fond za penzijsko i invalidsko osiguranje zaposlenih; hereinafter "the SPDIF") - Branch Office in Kosovo[1].

8. Having lived in Kosovska Mitrovica for many years, in 2005 they moved to Novi Pazar, Serbia prope...

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