The Constitutional Court of Bosnia and Herzegovina has held today the 136th 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 18/20 – The Constitutional Court concluded that there is no violation of the appellant's right to a freedom of expression when interference with that right was legal, had a legitimate aim and it was „necessary in a democratic society“. This is so, as the appellant has, in his public blog, presented a number of value judgments of the plaintiffs that were not based on „sufficient factual grounds“ but rather on misrepresentation of the accurate facts, which represents a defamation. In fact, the appellant did not even attempt to verify his claims and failed to prove that he has acted „in good faith“. The County Court in Trebinje has substantiated this by the sufficient and relevant reasoning.
AP 2009/20 – The Constitutional Court concluded that there is a violation of the right to a fair trial as, by a pure formalism, referring to a legal provision, without valid reasoning, the regular court has neglected the appellant’s allegations that his confession to the offence was extorted and has dismissed a request for court decision-making. It, thus, denied the appellant, as the criminally indicted person, a right to participate in the proceedings.
AP 2279/21 – The Constitutional Court concluded that there was a violation of the appellant’s right to a fair trial as the Cantonal Court in Novi Travnik has dismissed the appellant’s proposal for entering the enforcement proceedings, neglecting all specific circumstances of this case. It, thereby, has violated the essence of the appellants' right to a fair trial.
All decisions adopted at the today's session are delivered to the appellants within a month and posted as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.