The Constitutional Court of Bosnia and Herzegovina held today its 82nd ordinary session of the Grand Chamber.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 217/17 - the Constitutional Court concluded that there is a violation of the appellant’s right to a fair trial 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, because the judge whose daughter worked as a legal intern at the law office of the attorney that represented the defendant in the case at hand, was the member of the panel that adopted the second instance decision in the case at hand.
AP 6559/18 - the Constitutional Court concluded that there is a violation of the right to a fair trial 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, where an ordinary court, in the reasons for the challenged rulings whereby the detention imposed on the appellant was extended, has failed to state specific circumstances justifying the conclusion that the release of the appellant would result in extraordinary circumstances due to a real (not abstract) threat of violation of public order within the meaning of the provisions of Article 197(1)(g) of the Criminal Procedure Code of the Republika Srpska (CPC RS). In addition, the Constitutional Court noted with particular concern that from the reasons of the challenged rulings it does not follow that an ordinary court considered the possibility of imposing other measures on the appellant instead of detention, although it was obliged to do so within the meaning of Article 196 (1) of the CPC RS.
All decisions taken at the session today will be delivered to the appellants within one month time limit and will be published as soon as possible on the official website of the Constitutional Court of Bosnia and Herzegovina.
