OF BOSNIA AND HERZEGOVINA
Reisa Dž.Čauševića 6
Bosnia and Herzegovina
fax: (033) 561-134
- from 10:00 to 12:00
|15 May 2012 - The Constitutional Court of Bosnia and Herzegovina held today its regular 128th session of the Grand Chamber.|
At the today''s session, the Constitutional Court of BiH decided on 17 requests for interim measure and 131 individual appeals.
In 17 out of 30 decisions on the merits, the Constitutional Court of BiH established a violation of the right to a fair trial on account of unreasonable length of proceedings pending before the courts and administrative authorities. The Constitutional Court of BiH reiterated that this legal problem was constantly present in the case-law, and that courts and administrative authorities did not sufficiently take into account the standards that arose under Article II(3)(e) of the Constitution of BiH and Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
Inter alia, the Constitutional Court of BiH partially granted the appeal of Mr. Benkhir Aiss in case no. AP 3153/09 filed against the judgments of the Court of Bosnia and Herzegovina extending the measure of placement of the appellant under supervision. The Constitutional Court concluded that there is a violation of Article II(3)(d) of the Constitution of BiH and Article 5(1)(f) of the European Convention in a situation where a person who at the time of imposing and extending of the measure of supervision had no status of a citizen of BiH or regulated right to stay in BiH in accordance with the law had been deprived of liberty because he posed a threat to the public order and peace or security of BiH, while that deprivation of liberty had not been undertaken with a view to initiating and conducting the expulsion proceedings and neither could it be subsumed under any of the remaining exceptions established under Article 5(1) of the European Convention.
The Constitutional Court, further, in case no. AP 4537/10 rejected as manifestly (prima facie) ill-founded and premature the appeal of Mr. Zijad Turkovic lodged against the rulings of the Court of Bosnia and Herzegovina ordering the appellant'' detention. The Constitutional Court holds that in the present case the facts underlying the appeal apparently do not amount to a violation of the rights alleged by the appellant, i.e. the appellant has no «justified claim» to invoke the violation of the right to liberty and security under Article II(3)(d) of the Constitution of BiH and Article 5(3) of the European Convention. In respect of the allegations of violation of the right to a fair trial under Article II(3)(e) of the Constitution of BiH and Article 6(1) of the European Convention, the Constitutional Court rejected that part of the appeal as premature since the challenged rulings do not amount to a decision which is the result of the entire criminal proceedings against the appellant, in terms of determining whether criminal charges against him are well-founded, as they only dealt with one procedural issue, i.e. only one phase of the proceedings has been decided.
All the decisions adopted at the session shall be posted at the web page of the Constitutional Court of BiH (www.ustavnisud.ba) one month following their submission to the appellants.
The Constitutional Court of BiH is scheduled to hold the following Grand Chamber session on 13 June 2012.
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