A formal stipulation of the right to compensation in the present case, where SFOR carried out the arrest and detention, does not meet the requirement of Article 5 paragraph 5 of the European Convention.
• Decision on Admissibility and Merits No. AP 2582/05 of 16 January 2007, paragraph 78, published in the Official Gazette of Bosnia and Herzegovina, 38/07; the deprivation of liberty by SFOR; a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established;
A person seeking compensation under Article 5 paragraph 5 of the European Convention must be a victim of a breach of any of paragraphs 1 through 4 of Article 5 of the European Convention. Otherwise, such a person would not be entitled to compensation under paragraph 5 of Article 5 of the European Convention. According to the case-law of the European Court of Human Rights, the mere fact that the person in detention is subsequently released by the court decision does not make the arrest unlawful with retroactive effect (see European Court of Human Rights, X vs. the United Kingdom, Decisions and Reports, 1980, p. 223).
• Decision on Admissibility and Merits No. AP 2666/06 of 28 November 2008, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 12/09; the issue of compensation for non-pecuniary damages sustained during the appellant’s detention, as the charges against him were subsequently dropped; there is no violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH;
• Decision on Admissibility and Merits No. AP 1928/06 of 18 December 2008, published in the Official Gazette of Bosnia and Herzegovina, 17/09;
• Decision on Admissibility and Merits No. AP 2414/11 of 10 June 2014
There is a violation of Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 5 of the European Convention where the judicial decisions ignore the positive obligation of the State to compensate the persons in respect of whom it was established that they were the victims of “unlawful deprivation of liberty”, whereby the appellant, as to the right to liberty and security of person, had no possibility to claim compensation for unlawful and arbitrary actions taken by the State and its bodies.
• Decision on Admissibility and Merits No. AP 3223/06 of 17 March 2009, paragraph 37, published in the Official Gazette of Bosnia and Herzegovina, 50/09; a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established
