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OF BOSNIA AND HERZEGOVINA
Reisa Dž.Čauševića 6
71000 Sarajevo
Bosnia and Herzegovina
tel: (033)
251-226
fax: (033) 561-134
e-mail: info@ccbh.ba
Reception hours:
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| Sessions | | | 17 December 2009 - Today, the Constitutional Court of BiH has held its 90th session of the Grand Chamber.
During today’s session the Constitutional Court of BiH has resolved one request for adoption of interim measure and 208 individual appeals. Out of this number, the Court resolved 21 appeals on the merits, 77 appeals were rejected for being manifestly ill-founded and 110 appeals were rejected for other reasons of inadmissibility (the time limit for lodging the appeal expired, the legal remedies were not exhausted, the Constitutional Court was not competent to take a decision, etc).
In several decisions on the merits of the case, the Constitutional Court found a violation of the right to a fair trial due to unreasonable length of proceedings before the courts and administrative bodies. The Constitutional Court reiterated that this legal issue is constantly present in the practice and that the courts and administrative bodies are not sufficiently cautious of the standards arising from Article II (3)(e) of the BiH Constitution and Article 6 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Accordingly, during this session, the BiH Constitutional Court deliberated on the issue of violation of the right to a fair trial due to unreasonable length of proceedings in eight out of 21 decisions on the merits.
The Constitutional Court, inter alia, rejected the appeal of Al Husin Imad in Case No. AP 1750/09. In the proceedings before the Constitutional Court the appellant sought review of several decisions of the Court of Bosnia and Herzegovina, whereby the extension of the appellant’s supervision in the Department for Foreigners - Immigration Centre in Istocno Sarajevo was confirmed by a decision adopted in the relevant administrative proceedings.
The Constitutional Court granted the Appeal No. AP 672/07 lodged by Ante Zecevic due to his illegal status. The appellant was placed in the Department for serving the sentence of obligatory psychiatric treatment and confinement in the health institution of the Penal-Correctional Institution in Zenica. The Constitutional Court found a violation of Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1.e) of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The Constitutional Court concluded that the competent authorities have failed to comply with the substantive-legal and institutional standards from the Constitution of BiH when it comes to persons who committed criminal offence in a state of diminished mental capacity. The Government of the Brcko District was ordered to undertake steps aimed at ensuring the appellant’s constitutional rights in accordance with the decision of the Constitutional Court of BiH.
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