The Constitutional Court concludes that there is a violation of the right to liberty and security of person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1(b) of the European Convention, in case where it is not possible to conclude, based on the reasons offered in the challenged rulings to impose the measure prescribed by law and resulting in a deprivation of liberty, that the ordinary courts, in accordance with the law, established that at the time the measure was imposed there existed “a lawful order by the court” not complied with by the person concerned.
• Decision on Admissibility and Merits No. AP 409/15 of 24 April 2015, paragraph 41, published in the Official Gazette of Bosnia and Herzegovina, 44/15; the measure amounting to the deprivation of liberty of the appellant was imposed for the appellant had failed to pay the fine determined in the final and enforceable ruling of the competent court; a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established;
• Decision on Admissibility and Merits No. AP 1651/15 of 17 June 2015, paragraph 25, published in the Official Gazette of Bosnia and Herzegovina, 58/15;
• Decision on Admissibility and Merits No. AP 1276/15 of 17 June 2015, paragraph 55
