According to the Constitutional Court, the appellant’s complaint relating to a violation of the right “to be brought before the court” when the decision extending his detention was taken, are not well founded nor are there any other elements indicating that the procedure in this regard was unconstitutional. Consequently, there is no violation of the right to liberty and security of the person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 3 of the European Convention.
• Decision on Admissibility and Merits No. AP 247/05 of 18 May 2005, paragraph 30, published in the Official Gazette of Bosnia and Herzegovina, 60/05
The Constitutional Court established that the Court of BiH had examined the justification for extending the detention given the circumstances of the relevant case and presented the detailed reasons for its position that there had been the legitimate aims justifying the extension of the detention. In examining the lawfulness of the detention, the Court of BiH assessed that this measure was necessary and it provided the reasons with regard to the appellant’s complaints against the extension of his detention, stating that the indictment was confirmed and that there was the need to prevent him from fleeing or exerting influence over witnesses or accomplices.
• Decision on the Merits No. AP 542/05 of 14 March 2006, paragraph 38, published in the Official Gazette of Bosnia and Herzegovina, 57/06;
• Decision on the Merits No. AP 252/05 of 12 April 2006, paragraph 46, published in the Official Gazette of Bosnia and Herzegovina, 49/06
There is a violation of Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 3 of the European Convention in case where the appellant’s detention was ordered based on the fear that influence would be exerted over witnesses whereby the criminal proceedings would be hindered, but the fear was not substantiated by specific and valid reasons, which would objectively indicate that the appellant attempted or that there was a serious risk that he would attempt to exert influence over witnesses, and the decision was based merely on the presumptions made by the court due to the nature and severity of the offence the appellant had been charged with and due to the possible investigation against accomplices.
• Decision on Admissibility and Merits No. AP 6/08 of 13 May 2008, paragraph 50, published in the Official Gazette of Bosnia and Herzegovina, 49/08; the reasons for the detention; a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established
There is no violation of Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 3 of the European Convention in case where the appellant’s detention was ordered based on the fear that influence would be exerted over witnesses whereby the criminal proceedings would be hindered, and the fear was substantiated by specific and valid reasons, which objectively indicated that there had been the attempts or the serious risks of witness intimidation, even against those who were protected, as well as that influence was exerted over accomplices who were also under investigation.
• Decision on Admissibility and Merits No. AP 1966/08 of 28 October 2008, paragraph 33, published in the Official Gazette of Bosnia and Herzegovina, 18/09; the reasons for the detention; there is no violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH
There is a 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 3 in conjunction with paragraph 1(c) of the European Convention, as the Cantonal Court, by rendering its decision No. 07 0 K 003284 10 Kv 11 of 10 June 2010, failed within the legal time-limit of two months to review the appellant’s detention to ensure that it continued to be justified and, therefore, the appellant’s detention in the period of 14 days was unlawful.
• Decision on Admissibility and Merits No. AP 1518/10 of 13 October 2010, paragraph 35, published in the Official Gazette of Bosnia and Herzegovina, 37/11
