On 30 November 2023, the Constitutional Court of Bosnia and Herzegovina held its 139th plenary session.
Of the decision adopted at the plenary sessions, the Constitutional Court singles out the following:
AP-1298/22 (Ž.S.) – In this case, the Constitutional Court has, inter alia, concluded that the appellant's right to liberty and security of person was violated because the appellant was not given an opportunity to be heard in a reasonable time before the Basic Court in Banja Luka in the proceedings of adopting a ruling on the extension of the involuntary treatment measure.
AP-5000/22 (Jelena Majstorović i Radenko Popović) – In this case, the Constitutional Court has, inter alia, concluded that there is a violation of the right to liberty and security of person as the Court of Bosnia and Herzegovina, contrary to the standards under Article 5(4) of the European Convention and national legislation, failed to serve the ruling ordering detention of the appellants on their defence attorney speedily and without delay. Rather, it served it only on the fifth day following the day the relevant ruling was issued.
AP-1448/23 (Milan Ćoso) – In this case, the Constitutional Court has, inter alia, concluded that there is a violation of the appellant’s right to liberty and security of person as the ordinary courts, while imposing detention on the appellant, failed to present the specific reasons and circumstances which would justify the conclusion that the appellant’s release would result in an extraordinary circumstances due to the real (not abstract) threat of the public order disruption.
In addition, the Constitutional Court has examined a number of appeals concerning the violation of the right to a fair trial within reasonable time adopting the decisions in those cases.
All decisions adopted at today's plenary session will be delivered to the applicants/appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
