The Constitutional Court of Bosnia and Herzegovina held today its regular 90th session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
From among the decisions adopted today, the Constitutional Court singles out the following:
AP-124/19 – The Constitutional Court found a 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(1)(c) and paragraph 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention). The Constitutional Court found a violation as the regular courts failed, in the decision on extension of the appellant’s detention based on provisions of Article 146 paragraph 1 item (c) of the Criminal Procedure Code of F BiH, to give relevant and sufficient reasons in terms of existence of special reasons for extension of detention on that ground. In the opinion of the Constitutional Court, regular courts reiterated the same reasons giving stereotypical reasoning without considering specific circumstances of the case relating to the appellant. In addition, the criminal procedure in question was not conducted in the manner that the duration of detention would be reduced to as smallest extent as possible.
To the contrary, in its decision, the Constitutional Court concluded that there is no violation of the appellant’s right to liberty and security under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(1)(c) of the European Convention when regular courts, deciding on the extension of the appellant’s detention offered relevant and sufficient reasons for the conclusion that there is reasonable doubt that the appellant has committed criminal offences he was suspected of, and that there are still particular reasons as stipulated by Article 146 (1)(a) of the Criminal Procedure Code of F BiH for the pronouncing detention thereby offering sufficient reasons and reasoning due to which further criminal procedure could not be provided for by determining a more lenient measure towards the appellant.
AP-523/19 – The Constitutional Court found 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 in relation to adoption of the decision within reasonable time-limit in the case of the Prosecutor’s Office of Bosnia and Herzegovina. The Court found a violation having in mind that in the specific case the investigative procedure in the period relevant for the appellant is pending for three years wherein the Prosecutor’s Office failed to offer any reasons as to the measures taken by the Collegium of the Prosecutor’s Office aimed at completing the investigation. Further, the Constitutional Court considered the fact that the Prosecutor’s Office of BiH on the account of a need to obtain evidence is nevertheless undertaking certain actions which is why it is still unable to adopt any decision in regards to the proceedings. The Constitutional Court took into account the fact that this concerns a complex case but it concluded that in this case no balance was struck between the demand for the efficient and prompt proceedings and correct administering of justice regardless of the fact that the appellant has no specific measures or restrictions.
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 as soon as possible.
