Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 127th 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-542/21 - The Constitutional Court concluded that there was no violation of the appellant’s right under Article I (2) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms in connection with the right to stand as a candidate in elections under Article 1.5, paragraph 2 and Article 13.7 of the Election Law in conjunction with Article 4.4 of the Election Law of Bosnia and Herzegovina. There was no violation in a situation where the appellant was allowed, in accordance with Article 4.4 of the Election Law, to register herself to stand as a candidate in the elections for the President of the Municipality of Srebrenica and the Municipal Assembly of Srebrenica, whereby, regarding the deadlines and the manner of voting, the care was taken about exceptionally aggravated or discontinued postal service caused by the COVID-19 epidemic. In addition, the appellant was allowed to have her suffrage protected through the Election Commission and the Appellate Division of the Court of BiH, in accordance with Article 6.1 of the Election Law.
AP-4331/19 – The Constitutional Court concluded that there was 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. The Constitutional Court concluded so as in a situation where in a criminal procedure, considered overall, no attempt was made to remove a suspicion about the existence of certain decisive facts, because no appropriate analysis and assessment of all the presented evidence by making a logical connection between them was carried out. In addition, the length of the total criminal procedure conducted against the appellant over the period, which had lasted for 14 years, was excessive because of frequent repeals and referrals for retrial. This was the reason why the principle of the right to a trial “within a reasonable time”, as one of the elements of the right to a fair trial, was not satisfied.
AP-3248/19 - The Constitutional Court concluded that there was no violation of the right to home under Article II (3) (f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention, in a situation where the appellants, of their free will, by entering into a contract on the establishment of a lien on the object of execution, had agreed for their home, or their real property (apartment), which they had used as a security for a loan, to be sold in an enforcement procedure in the event of a debt default in respect of a long-term loan within the agreed deadline. This was the reason why the interference with this right was proportionate to the goal, namely the settlement of the enforcement creditor, and necessary in a democratic society.
All decisions adopted at today’s session will be delivered to the appellants within one month and posted as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
