The Constitutional Court held today its 103rd ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of the decisions adopted today, the Constitutional Court singles out the following:
AP 2202/18 – The Constitutional Court concluded that there had been a violation of the right to a „fair trial within the reasonable time“ as one of the elements of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention) as it followed from the submitted documents that non-contentious proceedings had lasted 21 years and 10 months, although the proceedings were considered urgent according to the explicit law provisions, and that the proceedings had not been concluded within the reasonable time.
AP 4967/19 – The Constitutional Court concluded that there had been a violation of the right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(3) of the European Convention, since the appellant, as a person deprived of liberty, had not been brought before the “judge” for examination about the circumstances in respect of which detention was imposed.
AP 2443/18 – The Constitutional Court concluded that there had been a violation of the right to a fair trial under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention in respect of the right to have a decision within the reasonable time, as more than seven years had elapsed before the Cantonal Court of Sarajevo had concluded the proceedings for protection against discrimination, which were considered urgent under the Law on Prohibition of Discrimination, whereas it had failed to submit reasons for lack of action for the period longer than five years.
All decisions taken at the session are to be delivered to the appellants within one-month time-limit and posted on the official website of the Constitutional Court of Bosnia and Herzegovina as earliest as possible.
