Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 131st 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-3760/19 – The Constitutional Court concluded that there has been a violation of the appellant’s right under Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms due to the manner in which the competent Prosecutor’s Office acted upon the appellant’s criminal charges during the period of two and a half years as of the date the criminal charges have been lodged.
AP-4773/19 – The Constitutional Court concluded that the impugned judgements have violated the appellant’s right to home under Article II(3)(f) of the Constitution of Bosnia and Herzegovina and Article 8 of the European Convention in the enforcement proceedings. The Court found violation as the interference with the said right of the appellant was unlawful given that the ordinary courts established the relevant apartment, in which the appellant resided for over 30 years, does not represent his home, substantiating that position with the lack of legal grounds for the use of apartment. This is in contravention with Article 8 of the European Convention and the case-law of both the Constitutional Court and the European Court of Human Rights.
AP 2107/20 – The Constitutional Court concluded that there has been a violation of the right to “trial within a reasonable time” as a segment 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, as the proceedings concerned, which are of urgent nature under the law, was pending for 5 years and 9 months. In addition, the Cantonal Court in Sarajevo was deciding on the appeal against the ruling on the costs of proceedings for 4 years and 9 months thereby contributing to a decisive extent to such length of proceedings at issue.
All decisions adopted at today’s session will be delivered to the appellants within one month and posted at the earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.
