On 10 October 2016, the Constitutional Court of BiH held its regular 43rd session of the Grand Chamber.
The Constitutional Court, inter alia, rejected a number of appeals lodged in an untimely fashion, either after the expiration of the time-limit for submitting appeal or prematurely in cases in which it was established that the appellants failed to use all available legal remedies in the preceding proceedings.
Deciding on the appeals in regards to adoption of a decision on admissibility and merits within a reasonable time-limit, the Court dismissed a number of appeals as ill-founded in cases in which it found no such violation and adopted a number of decisions establishing a violation of the appellants’ rights to a fair trial.
It is observed that for different reasons the courts and administrative authorities do not abide, to a sufficient extent, by the standards of the right to a fair trial from Article II (3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
The result of the aforesaid is a significant number of appeals filed with the Constitutional Court of BiH with regards to the right to a fair trial, in particular with regards to non-adoption of decisions within reasonable time. The problems present at the foundation of violation of the right to a fair trial under Article II (3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 1 of the European Convention are of wide scope and complex in nature. They therefore require undertaking of adequate measures which are legislative or administrative character.
The Court adopted a number of decisions rejecting the appeals as inadmissible and manifestly prima facie ill-founded. The facts the appellants presented to the Court in those cases could not have in any manner justified the claim of the appellants that there is a violation of their rights protected by the Constitution or that the parties to the proceedings bear the consequences of violation of rights protected by the Constitution.
In all cases in which the Constitutional Court found there was a violation of the appellants’ right to a fair trial, the competent courts or administrative authorities were ordered to complete the proceedings urgently and inform the Constitutional Court, in line with Article 72(5) of the Rules of the Constitutional Court of BiH, within three months from the date of submission of decision, on the measures taken to enforce the decisions.
All decisions taken at the session are to be delivered to the appellants within a time-limit of one month and posted on the official website of the Constitutional Court of Bosnia and Herzegovina.
