Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, the 128th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
To illustrate, the Constitutional Court singles out the following decisions from the decisions adopted today:
AP 534/21 - The Constitutional Court, inter alia, concluded that there was a violation of the appellant's right to liberty and security under Article II (3) (d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 3 of the European Convention on Human Rights and fundamental freedoms. The violation was found as the objective circumstances were not related to the circumstances in concreto and as under the circumstances of a particular case no effective conduct of proceedings under the provisions of the Criminal Procedure Code of the Federation of Bosnia and Herzegovina was secured. Those provisions were not rendered ineffective nor was their application substantially limited by the orders related to the pandemic. In fact, the criminal proceedings was not conducted in such a way as to minimize the duration of detention, which is why it was ordered to take measures for the efficient continuation of the proceedings and to provide guarantees of trial within a reasonable time.
AP 4971/19 - The Constitutional Court concluded, inter alia, that there was a violation of the appellant's right to a "trial within a 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 paragraph 1 of the European Convention. The violation was found as the procedure on the request for exercising the right to severance pay took 18 years and about 10 months from the day of submitting the request.
All decisions adopted at today's session will be delivered to the appellants within one month and posted on the website of the Constitutional Court of Bosnia and Herzegovina, as early as possible.
