There is a violation of Article 5 paragraph 2 of the European Convention in case where the appellant was not informed of the “legal” reasons for his arrest and of the factual reasons raising a reasonable doubt that he had committed certain criminal offence and where he was not able to raise the issue of “lawfulness” of his arrest and detention.
• Decision on the Merits No. AP 696/04 of 23 September 2005, paragraph 61, published in the Official Gazette of Bosnia and Herzegovina, 86/05;
• Decision on Admissibility and Merits No. AP 2582/05 of 16 January 2007, paragraph 65, published in the Official Gazette of Bosnia and Herzegovina, 38/07; the deprivation of liberty by SFOR; a violation of Article 5 of the European Convention and Article II(3)(d) of the Constitution of BiH established