The Constitutional Court of Bosnia and Herzegovina held today its regular 25th session of the Grand Chamber.
In accordance with Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Court rejected a number of appeals lodged in an untimely fashion, after the expiration of the time-limit for submitting appeal or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the preceding proceedings.
Deciding on the appeals in regards to Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to adoption of decision within reasonable time-limit, the Court adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial and dismissed a number of appeals as ill-founded in cases in which it found no such violation.
For the illustration purposes, we present the following:
Constitutional Court rejected the appeal of Messrs. Ibrahim Jusufranic and Branislav Petrovic lodged against the Ruling of the Cantonal Court in Sarajevo no. 09 0K 016947 15 Kv od 9 September 2015 that set the appellant the detention for the reasons as stipulated by Article 146 paragraph 1 items a, b and d of the Law on Criminal Proceedings of F BiH which, according to the ruling in question, may last one month or up until the new decision of the Court.
The Constitutional Court rejected the appeal as the appellants have withdrawn the appeal.
In cases in which the Court established there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and inform the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.
Court rejected the appeals which were manifestly prima facie ill-founded. The facts the appellants presented to the Court in those cases could not have in any manner justified the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties in the proceedings bear consequences of violation of rights protected by the Constitution.
All decisions adopted at the session shall be submitted to the appellants within a time limit of one month and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
