There is a violation of Article 5 paragraph 1(e) and paragraph 4 of the European Convention in case where the applicable law does not specifically define any procedure of pronouncing, extending or terminating the measure of compulsory medical treatment and placement in healthcare institutions when it comes to the persons who committed criminal offences in a state of mental incapacity, nor does it prescribe an effective right of access to “court” to ensure the review of the lawfulness of the detention, which leaves an ample room for arbitrary application of law.
• Decision on Admissibility and Merits No. AP 2271/05 of 21 December 2006, pp. 77 to 81, published in the Official Gazette of Bosnia and Herzegovina, 38/07;
• Decision on Admissibility and Merits No. AP 672/07 of 17 December 2009, published in the Official Gazette of Bosnia and Herzegovina, 20/10; criminal proceedings, the measure of compulsory medical treatment and placement in healthcare institution
There is a violation of Article 5 paragraph 4 of the European Convention where the Court, deciding on the appeal against the decision on detention, failed to review the decision determining the detention and conducted the appellate proceedings just for the sake of form and upheld the first instance decision without the possibility to consider the circumstances of the detention, given the obligatory nature of the detention; thus, the legal remedy sought by the appellant was made illusory.
• Decision on Admissibility and Merits No. AP 573/07 of 29 April 2009, paragraph 36, published in the Official Gazette of Bosnia and Herzegovina, 75/09; a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established
