The Constitutional Court, inter alia, decided on the admissibility and merits of appeals alleging a violation of the rights under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, in respect of the “reasonable time” requirement. In this regard, the Constitutional Court passed certain decisions finding a violation of the appellants’ right to a fair trial, i.e. the Constitutional Court dismissed certain appeals where it found no violation.

For illustrative purpose only, it should be noted that the Constitutional Court of BiH dismissed as inadmissible the appeal of Mr. Faruk Balijagić and Mr. Ado Balijagić, filed against the Ruling of the F BiH Supreme Court number 09 0 K 024169 15 Kž 2 of 18 November 2015 and the Ruling of the Cantonal Court in Sarajevo number 09 0 K 024169 15 Kv 4 of 3 November 2015 in respect of Article II(3)(d) of the Constitution of Bosnia and Herzegovina and 5(1)(c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In addition, the Constitutional Court rejected as inadmissible the appeal of Mr. Faruk Balijagić and Mr. Ado Balijagić, filed against the Ruling of the F BiH Supreme Court no. 09 0 K 024169 15 Kž 2 of 18 November 2015 the Ruling of the Cantonal Court in Sarajevo no. 09 0 K 024169 15 Kv 4 of 3 November 2015 in respect of Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms, for being premature.

Namely, in its Ruling no. 09 0 K 024169 15 Kž 2 of 18 November 2015, the Supreme Court dismissed as ill-founded the appeals filed by the Cantonal Prosecutor and by the appellants against the Ruling of the Cantonal Court, whereby the appellants, against whom the Cantonal Prosecutor’s Office was conducting investigations on a reasonable suspicion that they had committed the criminal offences in violation of Article 166(1) and Article 289(2) in conjunction with paragraph (1) and the serious criminal offences in violation of Article 328(1) of the Criminal Code of the Federation of BiH, all in conjunction with Articles 31 and 32 of the Criminal Code of the Federation of BiH, were ordered another two months of detention so that, according to that Ruling, the detention could last until 13 December 2015 or until a new decision of the Court, as the Supreme Court fully accepted the reasons and grounds offered in the first instance ruling and based on which the conclusion was made in respect of the reasonable suspicion that the appellants had committed the offences they were charged with.

The appellants assert in their appeal, inter alia, that the impugned rulings are in violation of their rights under Article II(3)(d) and (e) of the Constitution of Bosnia and Herzegovina and under Article 5(1)(c) and Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In addition, the appellants contest that the existence of a reasonable suspicion, as a precondition of any detention, was proved. Furthermore, the appellants consider that the specific case contained neither circumstances nor evidence based on which the Supreme Court and the Cantonal Court could come to the conclusion that the reasonable suspicion existed that they had committed the offences they were charged with. In the appellants’ view, all evidence presented against them indicate that the Court, in establishing the facts and in assessing the evidence in respect of the existence of general requirement for the detention, acted in an arbitrary manner.

The Constitutional Court concluded that no violation of the right to liberty and security of person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(1)(c) of the European Convention for the Protection of Human Rights and Fundamental Freedoms occurred where the Court established that there existed a reasonable suspicion and where the Court gave adequate and relevant reasons for its conclusion about the existence of the reasonable suspicion and where the Court, in deciding whether or not there existed special grounds for detention, offered sufficient reasons for considering that the special grounds under Article 146(1) (b), (c) and (d) of the F BiH Criminal Procedure Code existed and, consequently, passed the decision as mentioned.

In addition, the Constitutional Court of BiH partially granted the appeal filed by Mr. Jerko Ivanković Lijanović and Mr. Suad Čamdžić.

The Constitutional Court of BiH found a violation of the right to liberty and security of person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(3) of the European Convention for the Protection of Human Rights and Fundamental Freedoms in respect of the ground for detention referred to in Article 146(1)(d) of the F BiH Criminal Procedure Code, as follows:

a) Mr. Jerko Ivanković Lijanović in respect of the Ruling of the F BiH Supreme Court number 03 0 K 014378 15 Kž 2 of 4 December 2015 and the Rulings of the Cantonal Court in Tuzla nos. 03 0 K 014378 15 Kv 4 of 19 November 2015, 03 0 K 014378 15 Kv of 8 October 2015 and 03 0 K 014378 15 Kpp of 30 September 2015.

b) Mr. Suad Čamdžić in respect of the Ruling of the F BiH Supreme Court number 03 0 K 014378 15 Kž 4 of 23 December 2015 and the Rulings of the Cantonal Court in Tuzla nos. 03 0 K 014378 15 Kv 6 of 16. December 2015, 03 0 K 014378 15 Kv of 8 October 2015 and 03 0 K 014378 15 Kpp of 30 September 2015.

The Constitutional Court of BiH dismissed as ill-founded the appeal filed by Mr. Jerko Ivanković Lijanović and Mr. Suad Čamdžić against the Rulings of the F BiH Supreme Court number 03 0 K 014378 15 Kž 4 of 23 December 2015 and 03 0 K 014378 15 Kž 2 of 4 December 2015 and the Rulings of the Cantonal Court in Tuzla nos. 03 0 K 014378 15 Kv 6 of 16 December 2015, 03 0 K 014378 15 Kv 4 of 19 November 2015, 03 0 K 014378 15 Kv of 8 October 2015 and 03 0 K 014378 15 Kpp of 30 September 2015 in respect of other aspects of the right to liberty and security of person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(1)(c) and (3) and (4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.

In all cases in which it found a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and to inform the Constitutional Court of BiH, in line with Article 72(5) of the Rules of the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.

Pursuant to 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 appeals or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the previous proceedings.

In certain number of cases the Court rejected the appeals which were manifestly (prima facie) ill-founded and inadmissible. This relates to the cases in which court established that the appellants’ requests were not justified i.e. that the facts the appellants presented to the Court cannot in any manner justify the claim of the appellant on the existence of violation of their rights protected by the Constitution or that the parties in the proceedings do not bear consequences of the violation of the alleged rights as protected by the Constitution.