The Grand Chamber of the Constitutional Court of Bosnia and Herzegovina held its 74th ordinary session today.
The Court considered a substantial number of appeals lodged against the alleged violation of the appellants’ constitutional rights inflicted by the ordinary courts.
Deciding on the appeals with regards to 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 with regards to the adoption of a decision within a reasonable time-limit, the Constitutional Court adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial and dismissed as ill-founded a certain number of appeals in cases in which it found no such a violation.
In the cases where the Court established the violation of the appellants’ rights to a fair trial, the competent courts or administrative bodies are ordered to finalise the proceedings in an expedited procedure, and to inform the Constitutional Court, within three month time-limit, on the measures undertaken to enforce its decisions.
In accordance with Article 18(3) of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Constitutional 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.
The Court rejected the appeals which were manifestly (prima facie) ill-founded. The facts the appellants presented to the Court could not in any manner justify the claim of the appellants on the existence of violation of their rights protected by the Constitution or that the parties to the proceedings do not bear consequences of the violation of the alleged rights as protected by the Constitution.
All decisions taken at the session are to be delivered to the appellants within one month time-limit and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
