The Constitutional Court of Bosnia and Herzegovina has held today the 132nd ordinary session of the Grand Chamber.
Of decisions it adopted today, the Constitutional Court has singled out the following:
AP 1140/19 – The Constitutional Court concluded that in the circumstances of the particular case there has been a violation of the appellant’s rights under Article II(3)(a) of the Constitution of Bosnia and Herzegovina and Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, the County Public Prosecutor’s Office Banja Luka needed 100 days to “define” the criminal offence in regards to which there are grounds for suspicion and to issue a formal order to carry out an investigation still pending three years after the event.
AP 533/21 – The Constitutional Court concluded that there has been a violation of the rights under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(1)(c) of the European Convention. In particular, the ordinary court ordered the detention for the appellant although the impugned rulings indicate that no sufficient and relevant reasoning was given in relation to the existence of reasonable grounds for suspicion. In fact, the court failed to state in the reasoning part of the impugned decisions that “the facts and information exist, on the basis of which an objective observer would conclude that the person concerned could have committed the criminal offence charged with”. In addition, the Constitutional Court finds that the appellant’s rights under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(3) of the European Convention have been violated as the ordinary court, although it gave priority to the European Convention over the national law and held a hearing before the competent court for the statement on the detention, did so only seven days after the appellant’s deprivation of liberty.
AP 4899/19 – The Constitutional Court concluded that there has been a violation of the right to an efficient legal remedy under Article 13 of the European Convention in conjunction with the right to a fair trial in the segment of access to court. In particular, the Cantonal Court in Sarajevo failed to decide, by direct application of the Constitution of Bosnia and Herzegovina and the European Convention, on the appellant’s appeal that as an ordinary legal remedy represents an efficient legal remedy. Thereby, it deprived the appellant of the right to review the first instance judgement in the context of the allegations presented in the appeal. In addition, the Constitutional Court concluded that there has also been 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 in the segment of trial within a reasonable time. In particular, the Cantonal Court, in the labour dispute which, under the law, should be dealt with in an expedited procedure, needed five years to decide on the defendant’s appeal and, almost seven years after, has not decided on the appeal.
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.
