Given that the appellant has the status of an alien who was staying unlawfully in the territory of BiH and seeking international protection, the court assessed that in the present case prerequisites for placing the appellant in the Immigration Centre were met. Therefore, the Constitutional Court holds that the present case is about a lawful deprivation of liberty of the alien awaiting a decision on his obtaining citizenship, which is provided for by Article 5 paragraph 1(f) of the European Convention.
• Decision on Admissibility No. AP 3307/08 of 28 Mart 2008, paragraph 24; the expulsion of aliens, the appeal is manifestly (prima facie) ill-founded in respect of Article 5 of the European Convention
The Constitutional Court concludes that there is 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(f) and Article 5 paragraph 4 of the European Convention, as the Court finds no element of arbitrariness in determining the detention pending extradition proceedings, i.e. where the appellant’s detention was lawfully ordered within the meaning of the International Legal Assistance Law, and where the decisions ordering the detention were reviewed and the appellant was not deprived of procedural guarantees under Article 5 paragraph 4 of the European Convention.
• Decision on Admissibility and Merits No. AP 5392/10 of 9 February 2011, paragraph 45, published in the Official Gazette of Bosnia and Herzegovina, 48/11; the detention pending extradition, no violation of Article 5 of the European Convention
The Constitutional Court concludes that there is a violation of the right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1(f) where, in the circumstances of the present case, the measure of extraordinary extension of supervision does not satisfy the requirement of lawfulness, given that, following the decision on expulsion, the appellant was deprived of liberty for his presence constituted a threat to national security based on the Information of the BiH Intelligence-Security Agency, whereas the appellant knew nothing about the Information and the Court of BiH failed to assess the grounds thereof in an adequate manner.
• Decision on Admissibility No. AP 4064/13 of 25 June 2014, paragraph 71; the expulsion of aliens, a violation of Article 5 of the European Convention
The Constitutional Court holds that 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)(f) and (4) of the European Convention has not been violated as there was no arbitrariness in determination of the detention pending extradition, i.e. when the detention was lawfully imposed on the appellant for the purposes of the Law on Mutual Legal Assistance in Criminal Matters, when the decisions imposing detention pending extradition were the subject of a “revision by the court“ and when the appellant was deprived of procedural guarantees under Article 5(4) of the European Convention.
• Decision on Admissibility No. AP 2210/16 of 20 June 2016, paragraph 46; criminal proceedings, no violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of Bosnia and Herzegovina
