Today, the Constitutional Court of Bosnia and Herzegovina has held, by electronic means, 118th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.
Of decisions it adopted today the Constitutional Court has singled out the following:
AP 2788/20 - wherein the Constitutional Court concluded that there had been a violation of the right to liberty and security of person under Article II (3)(d) of the Constitution of Bosnia and Herzegovina and Article 5 (3) of the European Convention for the Protection of Human Rights and Fundamental Freedoms (“the European Convention”) in a situation where the measures of imposing a ban on the appellant, under the decision dated 30 June 2020, in their degree and intensity constituted the “deprivation of liberty”, and where, in continuity with the earlier pre-trial detention, they lasted for almost three years and eight months, while the trial had not even started as yet, whereby the ordinary court failed (also) to issue, in accordance with the obligation prescribed under the law, and within the time limit prescribed by law, a new decision and to examine whether the applied measure was still necessary, while taking into consideration that the circumstances, which were convincing at the start when imposing the detention, or were even justified for some time, afterwards, as time goes by, grow weak.
AP 3564/20 - wherein the Constitutional Court concluded that the challenged judgments, in the part concerning a decision that minor children be entrusted to the care and upbringing of the defendant, violated the appellant’s right to a fair trial under Article II (3)(e) of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention in a situation where the Municipal Court in Travnik carried out an informal interview with the minor I.S. without mediation of the competent guardianship authority, which was not in conformity with the procedural rules referred to in Article 271, paragraph 2 of the Family Law of the Federation of BiH, which impose an obligation that an informal interview with a child be carried out with mediation of a guardianship authority. Therefore, in this way, the ordinary courts had not applied the cited Article in the best interest of minor children.
All decisions adopted at today’s session will be delivered to the appellants within one month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.