The madness of human rights (again): Why did six Euro judges examine delays to a Serbian OAP's leaky roof when it was fixed FIVE years ago?

Tory MP for Brigg and Goole Andrew Percy has ridiculed the European Court of Human Rights for ruling that delays in repairing a leaky roof had been a breach of human rights

It took six judges in all their glory to arrive at a verdict. The complex human rights matter before them? A leaky roof that was repaired more than five years ago.

And to make matters all the more bizarre, the applicant in question had already been awarded compensation.

The European Court of Human Rights was ridiculed last night after it ruled in the case of 65-year-old Milja Bjelajac, from the Serbian city of Novi Sad.

Though Mrs Bjelajac’s loft apartment has been perfectly dry for more than five years, a panel of six judges, including the president of the court, decided that delays in repairing a leaky roof had been a breach of her human rights.

The matter came to court despite the fact that the ECHR has a backlog of some 160,000 cases and recently asked member states, including Britain, to hand over more money to help it clear them.

Britain already contributes £20million a year to the Council of Europe, the body which runs the Strasbourg court.



Tory MP for Brigg and Goole Andrew Percy said: ‘This totally defies common sense that this kind of case should even get to this level.

‘This is yet further proof that the European Court of Human Rights has outlived its time.’

In 1999, Mrs Bjelajac complained of a leaking roof which she said was making her living conditions ‘difficult’.

In the same year, a housing inspector ordered a local authority to fix the roof.



Nothing was done for three years.



But in 2002, a local court ordered the repairs to be carried out, as well as the repainting of several walls, and awarded compensation.

However, Mrs Bjelajac could not be contacted by the court and had provided the wrong bank account details – leading to further delay.

By 2007, though, the repairs had been completed and compensation had been paid amounting to around 300 euros (£240).

Despite all of this, the case was brought before the ECHR, with Mrs Bjelajac complaining that her property rights under article one of the European Convention on Human Rights had been breached.

It was accepted by the court – despite its own rules stating that cases should only be taken on when they ‘warrant consideration by an international court’.

Former justice secretary Ken Clarke has criticised the 'appalling backlog' of cases and said the ECHR should 'stop hearing some of the very trivial cases where there's no substantial damage'

The judges ruled that the applicant was herself responsible for 15 months of delays when the roof was not fixed, but found the state was responsible for two years of similar delays.

They ruled that the failure to enforce the domestic court’s decision was an interference with Mrs Bjelajac’s ‘right to peaceful enjoyment of her possessions’.

In July 2010, the ECHR blocked the extradition of extremist preacher Abu Hamza to the US where he faces terror charges.



That case was finally dismissed by the court last week following a further appeal.

Former justice secretary Ken Clarke has criticised the ‘appalling backlog’ of cases and the ‘scandalous delays’ affecting the court.

He said too many serious cases were ‘stuck waiting in that queue’ and ‘should not wait years before they are determined’.

Mr Clarke said the ECHR should ‘stop being so slow in getting rid of some of the triviality, stop hearing some of the very trivial cases where there’s no substantial damage . . . and just give prompt decisions on those fewer cases which require a decision’.