Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 105th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 1775/18 – wherein the Constitutional Court concluded that there had been a violation of the appellant’s right under Article 4(1) of Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”) in a situation where an ordinary court, contrary to the standards of the European Convention, established that the nature of the offense for which the appellant was imposed a written admonition had no character of an offense for which a criminal sanction is to be imposed, rather this concerned an administrative procedure where the court, by rendering judgments, covered the time period concerning the same offense, that is to say the same actions that were covered by the administrative decision rendered by the Communications Regulatory Agency of BiH, which became res iudicata.
AP 627/20 - wherein the Constitutional Court concluded that there had been a violation of the appellants’ right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(3) of the European Convention, where in the circumstances of the present case the standards referred to in Article 5(3) of the European Convention were not met. According to the said standards, the decision-making procedure on detention has to be an adversary procedure where equality of arms between the parties, i.e. between a plaintiff and a suspect, has to be ensured at all times, given that the appellants had been denied access to documents on which the conclusion on the existence of a reasonable doubt was based, which makes an essential element of protection from arbitrary arrest and deprivation of liberty prescribed by Article 5(1)(c) of the European Convention, and given that the ordinary courts failed to provide a valid reasoning as to why there was no room to apply prohibition measures instead of a measure of detention.
AP 2750/18 - wherein the Constitutional Court concluded that there had been a violation of the appellant’s 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 a situation where ordinary courts, due to the method of conducting the procedure and the application of positive law by the Probate Court, denied the appellants the legal grounds for the protection of the already acquired rights pursuant to the Law on Inheritance of the Federation of BiH.
All decisions adopted at today’s session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
