The Constitutional Court concludes that there is a violation of the right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1(c) of the European Convention where the Court of BiH ordered the detention against the appellant, although the challenged decisions show that the basic legal condition was not met, namely that there existed a reasonable suspicion that the appellant had committed the criminal offences charged with, as it cannot be deduced from the reasons offered in the challenged decisions that the reasonable suspicion standard, as defined by Article 20 of the BiH Criminal Procedure Code, was satisfied, nor there exist “the facts or information which would satisfy an objective observer that the person concerned may have committed the offence charged with”, as required by the standards of Article 5 paragraph 1(c) of the European Convention.
• Decision on the Merits No. AP 1885/13 of 24 May 2013, paragraph 63; criminal proceedings, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of Bosnia and Herzegovina;
• Decision on the Merits No. AP 2147/13 of 12 June 2013, paragraph 48; criminal proceedings, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of Bosnia and Herzegovina
The Constitutional Court concludes that the appellant’s right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(1)(c), (3) and (4) of the European Convention has been violated as the Cantonal Court did not respect the obligations under the mentioned Articles, which impose the obligation to check the “lawfulness“ of detention in any stage of the proceedings, which includes the issue of existence of reasonable doubt, which was challenged in the appeal, and which constituted a fundamental element of judicial control of the lawfulness of the detention imposed on the appellant.
• Decision on the Merits No. AP 3321/17 of 11 October 2017, paragraph 47, published in the Official Gazette of Bosnia and Herzegovina, 78/17; detention, reasonable doubt, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of Bosnia and Herzegovina
The Constitutional Court concludes that there has been a violation of the right under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5(1)(c) of the European Convention as the ordinary court imposed detention on the appellant, although it followed from the challenged rulings that the legal requirement for that were not met. The requiremet was a reasonable doubt that the appellant had committed a criminal offence, which he was charged with. It did not follow from the challenged decision that the standard of “reasonable doubt” was met in the manner as required in the provisions of the Criminal Procedure Code, nor were there “facts or information based on which an objective observer could conclude that the person concerned could committed criminal offence he/she was challenged with” as required by the standards under Article 5(1)(c) of the European Convention.
• Decision on the Merits No. AP 5509/18 of 27 February 2019, paragraph 48; detention, a violation of Article 5 of the European Convention and Article II(3)(d) of the Cosntitution of Bosnia and Herzegovina found
