The Constitutional Court concludes that there was a violation of the appellant’s right not to be subjected to inhuman treatment after the car accident in which her husband had died, until the completion of the criminal proceedings against the person accused of that accident.
• Decision on Admissibility and Merits No. AP 12/02 of 19 April 2004, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 40/04; the authority’s failure to undertake criminal prosecution against the perpetrator of the criminal offence, a violation of Article 3 of the European Convention established
The Constitutional Court notes that the appellants’ complaint of a violation of this Article is arbitrary and that the appellants have failed to present evidence substantiating their complaint. The fact that the ordinary courts dismissed their claim for compensation for damages cannot be construed as being an action subjecting the appellants to inhuman or degrading treatment within the meaning of Article 3 European Convention.
• Decision on Admissibility and Merits No. AP 173/02 of 15 June 2004, paragraph 28, published in the Official Gazette of Bosnia and Herzegovina, 40/04
As to the appellant’s objection that he had his hands tied while taken into detention, the relevant conduct, without being additionally substantiated by the appellant, can be construed as a security measure to prevent the escape of a person lawfully detained, which does not embody the use of excessive and unjustified force, nor does it, per se, amount to a violation of the rights safeguarded by Article 3 of the European Convention.
• Decision on Admissibility and Merits No. AP 81/04 of 28 January 2005, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 30/05
The fact that almost ten years after the end of the war in Bosnia and Herzegovina the competent authorities failed to provide all relevant information to the appellants about the fate of their relatives, who had been reported missing during the armed conflict in Bosnia and Herzegovina, is sufficient for the Constitutional Court to conclude that the right to prohibition of inhuman treatment under Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention as well as the right to respect for private and family life under Article 8 of the European Convention have been violated in respect of the family members of missing persons.
• Decision on Admissibility and Merits No. AP 129/04 of 27 May 2005, paragraph 68, published in the Official Gazette of Bosnia and Herzegovina, 58/05;
• Decision on Admissibility and Merits No. AP 143/04 of 23 September 2005, paragraph 83, published in the Official Gazette of Bosnia and Herzegovina, 80/05;
• Decision on Admissibility and Merits No. AP 228/04 of 13 July 2005, paragraph 50, published in the Official Gazette of Bosnia and Herzegovina, 80/05; the missing persons
The appellant’s rights under Article II(3)(b) of the Constitution of Bosnia and Herzegovina and Article 3 of the European Convention have not been violated as the competent authorities took appropriate actions following the murder of the appellant’s mother. In addition, the competent authorities are currently actively involved in the relevant investigation to locate the persons suspected of having committed the murder and, consequently, the competent authorities have complied with their obligations stipulated in the positive regulations.
• Decision on Admissibility and Merits No. AP 2058/05 of 17 November 2006, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 11/07; the missing persons
In the situation where the authorities of Bosnia and Herzegovina failed to take the measures relating to the examination of the circumstances under which the appellants had been arrested and detained and where the allegations stated in the appeal were not challenged in the reply to the appeal, the Constitutional Court holds that it is not necessary to conduct any further examination as to the circumstances of the appellants’ detention, regardless of some reservations.
• Decision on Admissibility and Merits No. AP 2582/05 of 16 January 2007, paragraph 86, published in the Official Gazette of Bosnia and Herzegovina, 38/07; the deprivation of liberty by SFOR and the circumstances under which the appellants were taken into detention, a violation of Articles 3, 5 and 8 of the European Convention established
In the view of the Constitutional Court, the appellants in the relevant case cannot remain unconcerned to the fact that the authorities failed to conduct an official investigation into the disappearance and violent death of their relative and to reveal relevant information in their possession. On the contrary, the public authorities’ inactivity must then result in the feeling of fear, anxiety and inferiority on the appellants’ side, which humiliate or degrade the victim, which may amount to inhuman treatment prohibited by Article 3 of the European Convention.
• Decision on Admissibility and Merits No. AP 1107/06 of 27 February 2008, paragraph 56, published in the Official Gazette of Bosnia and Herzegovina, 27/08; the authorities’ failure to conduct an investigation into the circumstances of the death of the appellants’ son; a violation of Articles 2 and 3 of the European Convention and Article 1 of Protocol No. 6 to the European Convention established
The investigation did not meet requirements under Article 3 of the European Convention where the State authorities took a long time to act in the appellant’s case and failed to collect tangible evidence for the purpose of identifying and apprehending the persons who had blown the appellant’s house up.
• Decision on Admissibility and Merits No. AP 3299/06 of 17 March 2009, paragraph 43, published in the Official Gazette of Bosnia and Herzegovina, 48/09; the public authorities’ failure to conduct an official investigation in a timely fashion, a violation of Article 3 of the European Convention and Article II(3)(b) of the Constitution of Bosnia and Herzegovina established
There is a violation of 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, as the Court of BiH, in adopting the challenged decision, failed to act in accordance with the positive obligation referred to in Article 3 of the European Convention, according to which it is obliged to examine the allegations and evidence that the appellant offered in support of his assertions that there is a real risk that by expelling him to the country of origin he would be subjected to torture or inhuman or degrading treatment or punishment within the meaning of Article 3 of the European Convention.
• Decision on Admissibility and Merits No. AP 555/09 of 30 May 2009, paragraph 35, published in the Official Gazette of Bosnia and Herzegovina, 73/09; deportation of aliens, a violation of Article 3 of the European Convention and Article II(3)(b) of the Constitution of Bosnia and Herzegovina established
