Today, May 8, 2019, the Constitutional Court of Bosnia and Herzegovina has held its 88th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP-810/19 - the Constitutional Court concluded that there was no violation of the appellant’s right to liberty and security of person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5, paragraph 1 (c) and paragraphs 3 and 4 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”). The Constitutional Court established that in the present case the appellant was not denied a possibility to access a “court”, which could examine the lawfulness of his detention, or a possibility of imposing milder measures. The appellant was not denied a possibility to lodge an appeal against the first-instance decision imposing detention against him, whereby all allegations stated by the appellant in the appeal had been considered, inter alia the imposing of a milder measure, and reasons had been provided as to why they could not have led to a different decision of the court in the circumstances of the present case. Namely, while deciding on the allegations made in the appellant’s appeal, the court panel concluded that not a single measure of prohibition would have served the purpose that had been served in the circumstances of the appellant’s case by the measure of detention, thereby reiterating all the reasons provided by the first-instance court (as to the goal of the basis for this detention – preventing a threat of repetition).
All decisions adopted at the session today will be delivered to the appellants within one month and will be published as soon as possible on the official website of the Constitutional Court of Bosnia and Herzegovina.
