The Grand Chamber of the Constitutional Court of Bosnia and Herzegovina held its 84th ordinary session today, on 27 February 2019.
Of the decisions adopted today, the Constitutional Court singles out the following:
AP-5509/18 - where the Constitutional Court concluded that the appellant’s 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 has been violated when the ordinary court ordered the detention for the appellant although it stems from the challenged decisions/rulings that the legal grounds for detention have not been met, meaning, the existence of reasonable suspicion that the appellant had committed the criminal offence he is charged with. In addition, the Constitutional Court could not conclude on the basis of reasoning of the challenged decisions that the standard of existence of “reasonable suspicion” as defined by the provisions of the Criminal Procedure Code of the Republika Srpska has been fulfilled or that “the facts or information on the basis of which an objective observer would conclude that the person concerned could have committed the criminal offence he is charged with” exist, as is it is required by the standards set forth in Article 5(1)(c) of the European Convention.
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 at the earliest convenience.
