Today, the Constitutional Court of Bosnia and Herzegovina has held, its 144th 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 3775/20 – The Constitutional Court concluded that there is a violation of the principle of legal certainty as one of the fundamental forms of the rule of law as part of the right to a fair trial. The Supreme Court of the Federation of BiH took a different position in the challenged decision regarding the admissibility of the revision-appeal vis-à-vis the previous decision on the revision-appeal, without providing a reasonable reasoning as to why it departed from its previous position and the positions of the Constitutional Court taken in the Decision no. AP 2145/18.
AP 4483/20 – The Constitutional Court concluded that there is a violation of the right to a fair trial, as the appellant was not informed about the session of the appellate panel, although it is prescribed so under the provision of Article 319 (1) of the Criminal Procedure Code of the Federation of BiH. Also, the appellant had requested explicitly in the appeal to be informed in order to attend the session of the second instance panel, which delivered a decision on his appeal.
AP 61/22 – The Constitutional Court concluded that there is a violation of the right to liberty and security of person, for the reason that the County Court in Banja Luka, contrary to the standards laid down in Article 5 (4) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and the national legislation, failed to deliver to the appellant’s defence counsel quickly and without delay the ruling extending the appellant’s detention. Instead, it did so as late as six days after the respective ruling had been delivered.
All decisions adopted at today’s session will be delivered to the appellants within one month and posted as soon as possible on the website of the Constitutional Court of Bosnia and Herzegovina.