The fact that the Court of BiH decided on the two appeals filed against the same ruling and issued the two separate rulings does not mean that the appellant was in any manner deprived of his right to avail himself of legal remedy against the ruling ordering his detention nor does it mean that any procedural guarantees of Article 5 paragraph 4 of the European Convention were breached.
• Decision on Admissibility and Merits No. AP 6/08 of 13 May 2008, paragraph 44, published in the Official Gazette of Bosnia and Herzegovina, 49/08; the grounds for the detention; the violation of Article 5 of the European Convention and Article II(3)
• of the Constitution of BiH established
The Constitutional Court concludes that there has been 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(4) of the European Convention as the decision taken in the procedure revising the justification for the extension of detention was not served on the appellant’s defence counsel designated ex officio, although Article 185(4) strictly prescribes that all decisions for which the period of time for filing an appeal commences to run on the date of delivery, shall be served both on the defence attorney and the accused.
• Decision on Admissibility and Merits No. AP 10/17 of 7 March 2017, paragraph 34, published in the Official Gazette of Bosnia and Herzegovina, 25/17; detention, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of Bosnia and Herzegovina established
