The Constitutional Court of Bosnia and Herzegovina held today its regular 91st 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 1057/19 – The Constitutional Court found a violation of the appellant's right to life under Article II(3)(a) of the Constitution of Bosnia and Herzegovina and Article 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention). Namely, the Prosecutor’s Office failed to act with necessary diligence and comprehensiveness in conducting the investigation in the case of murder of the appellant’s brother. Therefore, the Prosecution's arguments that a number of investigative actions were undertaken in the course of the investigation not resulting in the detection of the perpetrator of the crime of murder cannot, in the opinion of the Constitutional Court, eliminate the requirements of urgency and expediency in such cases. Also, those arguments cannot be justification for twenty five years of investigation which ultimately did not result in the identification of the perpetrator of the criminal offense, especially given that precisely because of the inadequacy of the undertaken actions, the investigation was suspended as the relative limitation period for criminal prosecution took place.
AP 6162/18 – 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 where the renewed criminal proceeding against the appellant has been in progress for more than 17 years and the Cantonal Court in Bihać is the most responsible for such duration of the proceeding as it has failed to manage the criminal proceeding in a proper manner and that proceeding has not been completed yet although it of high importance for the appellant.
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.
