Today, the Constitutional Court of Bosnia and Herzegovina has held 146th 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 271/21 - The Constitutional Court concluded that there is a violation of the right to a fair trial as the basic requirement of a “criminal procedure” was not complied with in the proceedings. The violation was found, as the existence of certain crucial facts was not established in a reliable way in the proceedings, due to the lack of reasoning for the decisions of the ordinary courts, as well as because of the way of analysis and assessment of all the presented evidence.
AP 399/22 - The Constitutional Court concluded that there is a violation of the right to a fair trial as the contested decisions lacked adequate and convincing reasoning concerning the main question relating to the determination of an amount for the sustenance of a minor child (the appellant). The amount has to be determined in her best interest and sufficient to meet the needs of the appellant at her present age.
AP 592/22 – The Constitutional Court concluded that there is a violation of the right to liberty and security of person as the ordinary courts failed to mention the specific circumstances that justify the conclusion that the appellant’s release would result in extraordinary circumstances due to an actual (non-abstract) threat to disturbance of public order within the meaning of the provisions of Article 197, paragraph 1, item g) of the Criminal Procedure Code of the Republika Srpska.
All decisions adopted at today’s session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.
