The courts should apply directly the provisions of Article 5 paragraph 3 of the European Convention also to the cases where the Criminal Procedure Code does not provide for the strict obligation that the arrested person, i.e. the person in detention as determined by the judicial order, is brought promptly before a competent judicial authority to give a statement.
• Decision on the Merits No. AP 976/05 of 9 February 2006, paragraph 29, published in the Official Gazette of Bosnia and Herzegovina, 43/06; the lawfulness of 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 the rights under Article 5 paragraph 3 of the European Convention on the ground that the time limit for filing a request with a judge for preliminary proceedings to determine detention was exceeded for five hours and four minutes.
• Decision on Admissibility and Merits No. AP 2561/05 of 9 November 2006, paragraph 32, published in the Official Gazette of Bosnia and Herzegovina, 14/07
There is a violation of the rights under Article 5 paragraph 3 of the European Convention in case where a detention was determined against the person deprived of liberty and where his detention was extended, and the person was not brought promptly before a judge to provide the statement on the circumstances to expand the scope of the investigation. In this regard, it is not decisive whether such a procedure was strictly prescribed by the Criminal Procedure Code of the Republika Srpska, given that the provisions of the European Convention, according to the Constitution of Bosnia and Herzegovina, have priority over all other laws and apply directly in Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. AP 1812/07 of 11 November 2009, paragraph 40, published in the Official Gazette of Bosnia and Herzegovina, 23/10; criminal proceedings, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established
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 3 of the European Convention where the requirement of “promptness” under the said provision is not met, as the appellant, while the criminal proceedings against him were underway, was not personally heard in connection with the detention determined against him, within 15 days following the detention order.
• Decision on Admissibility and Merits No. AP 3752/12 of 17 June 2015, paragraph 44, published in the Official Gazette of Bosnia and Herzegovina, 58/15; criminal proceedings, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established
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 3(c) of the European Convention in case where a detention was determined against the first defendant, as a person deprived of liberty, without bringing him promptly before a judge to be heard in respect of the reasons based on which his detention was ordered.
• Decision on Admissibility and Merits No. AP 2930/15 of 16 September 2015, paragraph 82, published in the Official Gazette of Bosnia and Herzegovina, 83/15; criminal proceedings, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established
The Constitutional Court holds that there has been a violation of the right under Article II(3)(d) and (m) of the Constitution of Bosnia and Herzegovina and Article 5(3) of the European Convention and Article 2 of Protocol No. 4 to the European Convention as the Municipal Court, in the present case, imposed the measures of injunction on the appellants without bringing the appellants before a judge in order to give a statement related to the reasons for proposing such a measure. Furthermore, it is not decisive here whether the Criminal Procedure Code of the Federation of Bosnia and Herzegovina prescribes so as the Constitution of Bosnia and Herzegovina prescribes that the European Convention shall have priority over all other law and shall apply directly in Bosnia and Herzegovina.
• Decision on Admissibility and Merits No. AP 3184/16 of 10 October 2016, paragraph 48, published in the Official Gazette of Bosnia and Herzegovina, 83/16; criminal proceedings, a measure of injunction, a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH and Article 2 of Protocol No. 4 to the European Convention established
