135th session of the Grand Chamber

Today, the Constitutional Court of Bosnia and Herzegovina has held the 135th ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.

To illustrate, the Constitutional Court singles out the following decisions from the decisions adopted today:

AP 1220/20 - The Constitutional Court concluded that there was a violation of the right to life due to the failure of the public authorities to act in accordance with the requirement of promptness and reasonable efficiency in conducting an investigation into the event in which the appellant's father was injured. From these injuries, he later died. The investigation has not been completed even 22 years after the event.

AP 2044/20 - The Constitutional Court concluded that there was a violation of the right to defence in relation to the right to equality of arms because the appellant in criminal proceedings against him for a criminal offense punishable by imprisonment for up to 10 years did not have a selected defence counsel. In addition, the judge did not appoint a defence counsel to represent him until the judgment became final. This was so even though the law prescribed mandatory defence for the said criminal offense.

AP 3040/21 - The Constitutional Court concluded that there was a violation of the right to respect for private and family life due to the dismissal of the appellants' request for full adoption between the appellant as an adoptive parent and the appellant as an adoptee in a situation where there are de facto close family relations that are in the best interest of the appellant, i.e. his further development and integration into the appellant's family.

All decisions adopted at today's session will be delivered to the appellants within a month and published as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.

We are also taking this opportunity to inform the public that the President of the European Court of Human Rights Mr. Robert Spano has informed the President of the Constitutional Court of Bosnia and Herzegovina Mr. Mato Tadić that he has appointed Mr. Ledi Bianku as a new international judge to the Constitutional Court of Bosnia and Herzegovina, under the terms of Article VI(1)(a) of the Constitution of Bosnia and Herzegovina.

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