Decision of the court to suspend the proceedings in accordance with the Law on Amnesty and the relevant decision on the costs of the proceedings, does not express the opinion as to the guilt of the accused within the meaning of Article 6 paragraph 2 of the European Convention.
• Decision No. U 24/01 of 28 September 2001, paragraph 27, published in the Official Gazette of Bosnia and Herzegovina, 5/02; amnesty; there is no violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH
In the present case, the less lenient law for the appellant was not applied, that is the principle in dubio pro reo was not violated.
• Decision on Admissibility and Merits No. AP 378/04 of 23 March 2005, paragraph 23, published in the Official Gazette of Bosnia and Herzegovina, 32/05; criminal proceedings related to the act of incitement of prostitution
The very fact that evidence on which the court based its judgment were challenged during the trial does not prove a violation of the principle in dubio pro reo, or the right to presumption of innocence, if the court provided convincing and logical arguments as to why it dismissed evidence offered by the appellant, and why it accepted such evidence on which it based its judgment.
• Decision on the Merits No. AP 767/04 of 17 November 2005, paragraph 26, published in the Official Gazette of Bosnia and Herzegovina, 17/06; criminal proceedings; alleged violation of the presumption of innocence (in dubio pro reo), impartiality of the court, violation of the right to defense; there is no violation of Article 6 paras 1 and 2 and paragraph 3 items b and c of the European Convention and Article 13 of the European Convention
Considering the previous convictions by a court during adjudication in the manner prescribed by law, it does not constitute in itself a violation of the right to a fair trial and the presumption of innocence, whereby the challenged judgments are not exclusively based on criminal record, but also on statements of other witnesses and other material evidence.
• Decision on the Merits No. AP 579/05 of 9 May 2006, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 77/06
On account of the application of the principle in dubio pro reo, the facts that the accused is charged with must be established with certainty, unlike the facts which are in favor of the accused, and which are considered as established even when they are only probable,
i.e. when there is a doubt about their existence.
• Decision on Admissibility and Merits No. AP 1603/05 of 21 December 2006, paragraph 41, published in the Official Gazette of Bosnia and Herzegovina, 34/07; criminal proceedings, assessment of legal validity by ordinary courts; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
The Constitutional Court concludes that there is a violation of the right under Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(2) of the European Convention in relation to the statements of public officials Dragan Lukač – Director of the Federation of BiH Police Administration, Šemsudin Mehmedović – delegate in the Parliamentary Assembly of Bosnia and Herzegovina and Bakir Izetbegović – a member of the Presidency of Bosnia and Herzegovina, because they constituted a statement on the appellant’s “guilt”, and they, as such, prejudged the assessment of facts by the competent court authorities and encouraged the public to believe that the appellant was guilty before his guilt was proven in accordance with the law.
• Decision on Admissibility and Merits No. AP 4319/14 of 18 December 2014, paragraph 39, published in the Official Gazette of Bosnia and Herzegovina, 8/15; criminal proceedings; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
There is a violation of the principle in dubio pro reo, which is guaranteed by Article II(3)(e) of the Constitution of Bosnia and Herzegovina and Article 6(2) of the European Convention in a situation where the ordinary court when doubting the existence of certain facts fails to establish facts that are in favor of the appellant.
• Decision on Admissibility and Merits No. AP 1328/13 of 17 June 2015, paragraph 40, published in the Official Gazette of Bosnia and Herzegovina, 58/15; offense proceedings; a violation of Article 6 of the European Convention and Article II(3)(e) of the Constitution of BiH established
