Today, the Constitutional Court of Bosnia and Herzegovina has held 145th 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 2499/20 - The Constitutional Court concluded that there is a violation of the appellant’s right to a reputation. The violation was found as the Cantonal Court in Sarajevo placed the contested expression in the context of political rhetoric in an election campaign between the opposing political parties. It failed to analyse the content of the contested expression making distinction between the facts and value judgments, i.e. it failed to examine the reasoning provided by the first instance court, which made the distinction.
AP 2641/20 - The Constitutional Court concluded that there is a violation of the appellant’s right of access to court as one of the segments of the right to a fair trial. The violation was found over the failure of the Municipal Court in Sarajevo to deliver in the respective proceeding, within the meaning of Article 88, paragraphs 1 and 2 of the Criminal Procedure Code of FBiH which is applied accordingly in a misdemeanour proceeding as well, a decision on the request for the restitution of a temporarily seized vehicle. The result was such that the appellant had an access to court only formally, but not essentially.
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.