The Constitutional Court held its regular 78th session today.
Out of a number of decisions the Constitutional Court adopted, it highlights one particular decision. In this decision, the Constitutional Court found a violation of the right to liberty as the appellants were detained in prison for three days after the date of adoption of the regular court’s ruling which determined the appellants were to be released immediately. The Constitutional Court also adopted decision wherein it concluded that the rulings taken in the enforcement proceedings violated the appellant’s right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol no. 1 to the European Convention as there was abuse of right the parties are entitled to in the enforcement proceedings. This resulted in the appellant being left without belongings he pledged against his debt. The belongings were estimated to be in the amount of near BAM 1.5 million and were sold to a third party at the public auction sale for a small amount. The regular courts concluded that the appellant’s debt was reduced exclusively for an amount received at the auction sale.
All decisions adopted at the session will be delivered to the appellants within a month and published on the website of the Constitutional Court of Bosnia and Herzegovina.
