Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, the 130th 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 4706/20 - The Constitutional Court concluded that the appellant's right to personal liberty and security under Article II (3) (d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention) was violated. The violation was found as the proceedings on the appeal against the decision extending the custody of the appellant and the other suspects for three months lasted for 46 days, i.e. from 13 November 2020, the date when the appellant lodged the appeal, until 29 December 2020, when the Cantonal Court in Sarajevo decided on the appeal. This period fails to meet the standard of "urgency" from Article 5 paragraph 4 of the European Convention.
AP 4080/20 - The Constitutional Court concluded that the appellant's 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 in the segment of access to court was violated. In this case, the Supreme Court of the Federation of BiH rendered the final decision by applying the Law on Ministerial, Governmental and Other Appointments of the Federation of BiH, which refers to the procedures of final appointment and reappointment, and not to the procedure of dismissal because the dismissal provision was deleted from that Law in 2013. The FBiH Supreme Court found that the appellant did not enjoy the right to legal protection in the specific case and such a position was based on a law that is not applicable in the circumstances of the specific case.
All decisions adopted at today's session will be delivered to the appellants within a month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
