The Constitutional Court concludes that there is no violation of the right to freedom of peaceful assembly and association under Article II(3)(i) of the Constitution of Bosnia and Herzegovina and Article 11 of the European Convention where an element inherent in the right protected by the cited provisions is neither violated nor called into question by the impugned judgment of the ordinary court.
• Decision on Admissibility and Merits No. AP 2581/08 of 29 June 2011, paragraph 53, published in the Official Gazette of Bosnia and Herzegovina, 104/11; strike; there is no violation of Article 11 of the European Convention
The Constitutional Court concludes that there is a violation of the right to freedom of assembly under Article II(3)(i) of the Constitution of Bosnia and Herzegovina and Article 11 of the European Convention when the public authorities failed to fulfil its positive obligation, under this Article, to take necessary measures in order to secure peaceful assembly organised in accordance with the law, which amounted to violence between the confronting sides, when they failed to provide for a clear legal framework to punish the behaviour which amounted to violence for the purpose of preventing it and deterring from the perpetration of the same or similar acts.
• Decision on Admissibility and Merits No. AP 1020/11 of 25 September 2014, paragraph 129, published in the Official Gazette of Bosnia and Herzegovina, 101/14; freedom of assembly; violation of Article 11 of the European Convention
There is a violation of the right to freedom of assembly under Article II(3)(i) of the Constitution of Bosnia and Herzegovina and Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in conjunction with Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms in the case where the public authorities failed to take necessary measures in accordance with their positive obligations. The authorities failed to ensure a peaceful assembly organized in accordance with the law, which led to violence against participants of the Festival motivated by homophobic prejudice, and where they failed to provide a clear legal framework to act preventively in discouraging and deterring people from committing the same or similar acts.
• Decision on Admissibility and Merits No. AP 4319/16 of 19 December 2018, paragraph 114; positive obligation, violation of Article II(3)(i) of the Constitution of Bosnia and Herzegovina and Article 11 of the European Convention in conjunction with Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention
