The Constitutional Court of Bosnia and Herzegovina held today its regular 139th session of the Grand Chamber.
Of decisions adopted today, the Constitutional Court has singled out the following:
AP 2621/20 - The Constitutional Court concluded that the appellant's right to a fair trial (in relation to the decision on punishment) was violated when ordinary courts arbitrarily applied the provisions of substantive law when deciding on the appellant's imprisonment (Article 50(1) of the Criminal Code of the Republika Srpska). The ordinary courts failed to include in the sentence of imprisonment the appellant's time spent in health care institutions in order to determine his procedural ability to participate in the further course of the criminal proceedings in question.
AP 3766/20 - The Constitutional Court concluded that there is a violation of the right to privacy when in the circumstances of a particular case the minor victim was not provided with adequate protection in terms of his/her physical and mental integrity. The reason for this is that in the course of application of mechanisms of criminal law regarding the collection of evidence, there were omissions and shortcomings to the extent that the positive obligation of the competent authorities was violated, specifically the positive obligation of Sarajevo Cantonal Prosecutor's Office. In this case, the Constitutional Court ordered the Government of Sarajevo Canton to pay the injured party, within three months from the date of delivery of this decision, the amount of BAM 10,000.00 in compensation for non-pecuniary damage due to established violation of constitutional right.
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.
