As the competent authorities consciously and thoroughly examined whether or not a ground for applying the principle of non-refoulement (prohibition of return) existed and established that no such ground existed and provided the clear reasons for their decisions about it, the Constitutional Court concludes that the appellant’s right not to be subjected to torture, cruel, inhuman and/or degrading treatment or punishment under Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention was not violated in the proceedings deciding on the appellant’s application for international protection in the specific case.
• Decision on Admissibility and Merits No. AP 5148/10 of 9 February 2011, paragraph 49, published in the Official Gazette of Bosnia and Herzegovina, 48/11; extradition and deportation, there is no violation of Article 3 of the European Convention
“(...) in the relevant cases no prosecutions decisions have been made yet, which is actually a goal of the investigation, so, in that sense, the appellants’ allegations that the investigation procedures before the Prosecutor’s Office of BiH have lasted too long appear to be justified to some extent (according to the replies to the appeals by the Public Security Centre in Bijeljina and the District Prosecutor’s Office in Bijeljina, the reports related to the events referred to in the appeals were forwarded to the Prosecutor’s Office of BiH in June, i.e. in August 2007). In this context, the Constitutional Court recalls that an investigation is just one stage of criminal proceedings against persons responsible for criminal offences and that the purpose of any investigation is to make a prosecution decision, regardless of the outcome thereof. In this regard, the Constitutional Court is aware of appellants’ suffering and pain for the investigation before the Prosecutor’s Office of BiH have not been completed yet by an adequate prosecution decision. ...In view of the aforementioned and given the replies by the Prosecutor’s Office of BiH that the investigations are underway and that, as to the State’s positive obligation, the adequate measures have been taken to clarify the events referred to in the appeal irrespective of the fact that the investigations have not been completed, the Constitutional Court holds that the appellants’ allegations about the competent authorities’ inactivity to clarify the events referred to in the appeal and about a violation of the rights under Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention are ill-founded.”
There is no violation of the appellant’s right under Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention, where the competent authorities have taken adequate activities to clarify the events referred to in the appeal and to complete the investigation, thereby meeting their obligation in the present case in accordance with the positive legal regulations. On the other hand, the fact that no adequate prosecution decision has been rendered in the relevant proceedings, when seen in light of the above and of the allegations of the Prosecutor’s Office of BiH that the cases are complex and that the investigations have entered into their final phase, cannot presently result in a different decision.
• Decision on Admissibility and Merits No. AP 3067/09 of 20 December 2012, paragraphs 37 and 39, published in the Official Gazette of Bosnia and Herzegovina, 10/13;
• Decision on Admissibility and Merits No. AP 2156/10 of 28 February 2013, paragraph 31, published in the Official Gazette of Bosnia and Herzegovina, 27/13;
• Decision on Admissibility and Merits No. AP 3469/10 of 28 February 2013, paragraph 34; deprivation of liberty during the war in Bosnia and Herzegovina, there is no violation of Article 3 of the European Convention
The Constitutional Court concludes that there has been a violation of Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention as there was no official investigation into the appellant’s claims that he had been mistreated while being in the hands of the police, although his allegations were serious and related to the relevant period.
• Decision on Admissibility and Merits No. AP 3840/13 of 26 October 2016, paragraph 85, failure to conduct an effective investigation into the appellant’s allegations about mistreatment while giving a statement, a violation of Article 3 of the European Convention
The Constitutional Court, while not dealing with the issue of justification for the issuance of an order to terminate the investigation and complaints about the order, concludes that there has been a violation of Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention as the relevant prosecutor’ office failed to decide on the appellants’ complaints about the order on the termination of the investigation although six years elapsed in the case related to the death of the close relatives of the appellant and failed to give any reason which could be regarded reasonable to justify the excessive length of the proceedings.
• Decision on Admissibility and Merits No. AP 1638/17 of 17 January 2018, paragraph 60, published in the Official Gazette of Bosnia and Herzegovina, 11/18; investigation, a violation of Article 3 of the European Convention established
There has been a violation of Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 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 as the relevant police authorities failed to fulfil their positive obligations, namely to protect the appellants as participants of a festival (the aim of which is the promotion of rights and culture of the LGBT persons through the film as one of the methods of anti-homophobia activities) and as the public authorities failed to fulfil their procedural obligation of investigating into omissions while organising the security of the Festival and identifying the perpetrators of the attacks on the appellants.
• Decision on Admissibility and Merits No. AP 4319/16 of 19 December 2018, paragraph 113; positive obligations, effective investigation, a violation of Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention, in conjunction with Article II(4) of the Constitution of Bosnia and Herzegovina and Article 14 of the European Convention
