The Constitutional Court concludes that the appellant’s right to property under Article II(3)(k) of the Constitution of Bosnia and Herzegovina and Article 1 of Protocol No. 1 to the European Convention, and the right of access to a court, as an aspect of the 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 have been violated where the appellant is obliged to pay the full amount of costs of proceedings to the RS Attorney’s Office, which represented the Republika Srpska as the respondent party in the proceedings for compensation of non-pecuniary damages suffered by the appellant as a victim of war crime, where the costs are evaluated in the full amount on the basis of Attorney’s Tariff, as such a decision of the court places a disproportionate burden on the appellant in the circumstances of the particular case.
• Decision on Admissibility and Merits No. AP 1101/17 of 22 March 2018, paragraph 53, published in the Official Gazette of Bosnia and Herzegovina, 24/18; compensation for the costs of procedure, the case-law of the European Court in Cindrić v. Croatia judgment applied, a violation of Article II(3) of the Constitution of BiH and Article 6 of the European Convention and Article II(3)(k) of the Constitution of BiH and Article 1 of Protocol No. 1 of the European Convention established
The Constitutional Court concludes that there has been no violation of the right of access to court as a segment of the 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 as the ordinary courts rejected the appellant’s claims, since the defendants (judges) had immunity against civil responsibility and as procedural and substantive law were not arbitrarily applied in the contested decisions because of the lack of the defendants capacity to be sued.
• Decision on Admissibility and Merits No. AP 1516/17 of 10 April 2019, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 36/19; immunity of the judges against civil responsibility, no violation of Article II(3)(e) of the Constitution of BiH and Article 6 of the European Convention
