The Constitutional Court of Bosnia and Herzegovina held today its regular 35th session of the Grand Chamber.
The Constitutional Court of BiH considered, inter alia, a number of appeals lodged for alleged violations of the appellants’ constitutional rights perpetrated by the ordinary courts.
The Constitutional Court of BiH considered, inter alia, a number of appeals in relation to the violation of the appellants’ rights to freedom of expression, appeals against courts’ rulings on extension of the custody due to existence of the particular circumstances for custody, appeals lodged for alleged violation of the appellants’ rights to non-discrimination, rights to property etc. The Constitutional Court of BiH adopted suitable decisions therein.
In regards to the right to a family life (respect of private and family life, home and correspondence), the Constitutional Court of Bosnia and Herzegovina took a position that there is no violation of the appellant’s right to private and family life, home and correspondence in regards to the circumstances when members of his immediate family, legal wife and children born in and outside of the marriage and his lawyer were all allowed to visit the appellant in the custody unit. Also, the ban placed on the visit of the appellant by the mothers of his children with whom he is married to in accordance with the provisions of the Islamic law does not raise an issue of violation of the right to a family life when the Family Law does not recognize or acknowledge such relations.
In the cases in which the Constitutional Court found violations of the appellants’ right to a fair trial due to the courts’ failure to take decisions within the reasonable time-limit, the relevant courts were ordered to conclude the proceedings promptly and to inform the Court about it within a time limit of three months.
In that regard, the Constitutional Court of BiH observes that the courts and administrative authorities often do not abide by the standards of the right to a fair trial to a sufficient extent for different reasons so that the problem of adopting decisions within a reasonable time limit is constantly present in the court practice in Bosnia and Herzegovina. The problems present at the foundation of violation of the right to a fair trial are of wide scope and complex in nature. They therefore require undertaking of adequate measures which are legislative or administrative character.
The Constitutional Court of Bosnia and Herzegovina held today its regular 35th session of the Grand Chamber.
The Constitutional Court of BiH considered, inter alia, a number of appeals lodged for alleged violations of the appellants’ constitutional rights perpetrated by the ordinary courts.
The Constitutional Court of BiH considered, inter alia, a number of appeals in relation to the violation of the appellants’ rights to freedom of expression, appeals against courts’ rulings on extension of the custody due to existence of the particular circumstances for custody, appeals lodged for alleged violation of the appellants’ rights to non-discrimination, rights to property etc. The Constitutional Court of BiH adopted suitable decisions therein.
In regards to the right to a family life (respect of private and family life, home and correspondence), the Constitutional Court of Bosnia and Herzegovina took a position that there is no violation of the appellant’s right to private and family life, home and correspondence in regards to the circumstances when members of his immediate family, legal wife and children born in and outside of the marriage and his lawyer were all allowed to visit the appellant in the custody unit. Also, the ban placed on the visit of the appellant by the mothers of his children with whom he is married to in accordance with the provisions of the Islamic law does not raise an issue of violation of the right to a family life when the Family Law does not recognize or acknowledge such relations.
In the cases in which the Constitutional Court found violations of the appellants’ right to a fair trial due to the courts’ failure to take decisions within the reasonable time-limit, the relevant courts were ordered to conclude the proceedings promptly and to inform the Court about it within a time limit of three months.
In that regard, the Constitutional Court of BiH observes that the courts and administrative authorities often do not abide by the standards of the right to a fair trial to a sufficient extent for different reasons so that the problem of adopting decisions within a reasonable time limit is constantly present in the court practice in Bosnia and Herzegovina. The problems present at the foundation of violation of the right to a fair trial are of wide scope and complex in nature. They therefore require undertaking of adequate measures which are legislative or administrative character.
