The state authorities’ failure to take all necessary measures to meet positive obligations to protect the life of the appellant’s daughter constitutes a violation of the right to life safeguarded under Article II(3)(a) of the Constitution of Bosnia and Herzegovina and Article 2 of the European Convention.
• Decision on Admissibility and Merits No. AP 1045/04 of 17 November 2005, paragraph 54, published in the Official Gazette of Bosnia and Herzegovina, 20/05
Regardless of the relevant documentation confirming that the death of the appellants’ immediate relative had been caused by the use of force and given the alleged appearance and position of the remains of the appellant’s relative, the competent legal authorities in the relevant case failed to take all necessary measures and to inform the prosecuting authorities about the referenced circumstances indicating that the use of force or murder had caused the death, as stipulated under all three laws on criminal procedure applicable at the relevant time and in accordance with their positive obligation to report on criminal offences and to protect the life of the appellant’s immediate relative within the meaning of Article 2 of the European Convention.
• Decision on Admissibility and Merits No. AP 1107/06 of 27 February 2008, paragraph 45, published in the Official Gazette of Bosnia and Herzegovina, 20/05; the failure by the authorities to conduct an investigation into the circumstances surrounding the death of the appellants’ son; a violation of Article 2 of the European Convention established
The Constitutional Court holds that there is no violation of Article II(3)(a) of the Constitution of Bosnia and Herzegovina and Article 2 of the European Convention, as the Constitutional Court cannot find evidence of failure of either the Prosecutor or other persons in the investigation that could raise doubt as to their intent to obtain all relevant evidence and, therefore, the Constitutional Court finds that the investigation conducted in the relevant case was thorough and effective in terms of Article 2 of the European
Convention.
• Decision on Admissibility and Merits No. AP 498/08 of 26 September 2010, paragraph 46, published in the Official Gazette of Bosnia and Herzegovina, 37/11; investigation into the circumstances surrounding the death of the appellants’ relatives, no violation of Article 2 of the European Convention
