On September 13, the Constitutional Court of Bosnia and Herzegovina presented the Report „Case Law of Bosnia and Herzegovina Courts on the Right to Liberty and Security of Person and Freedom of Expression“ to the judges in Banja Luka and Tuzla.
President of the Constitutional Court of Bosnia and Herzegovina Mato Tadić and Registrar of the Constitutional Court Zvonko Mijan presented the Report to the judges of the Municipal and Cantonal Court in Tuzla.
In the introduction, President of the Cantonal Court in Tuzla, Indira Hadžimehmedović expressed her pleasure for having the Report presented to the judges of this Court.
„The report examines application of Article 5 and 10 of the European Convention on the Protection of Human Rights and Fundamental Freedoms which are of particular importance in terms of deciding criminal and civil cases from the aspect of right to liberty of person, in criminal cases concerning detention, and right to freedom of expression in civil cases of damages compensation for the defamation through different forms of media,“ said President Hadžimehmedović.
In a simple and practical way, the Report, which was compiled by the Constitutional Court of Bosnia and Herzegovina and AIRE Centre, presents the relevant decisions of the courts and principles of interpretation of norms in important domains of the European Convention on Human Rights. Those are the protection of the right under Article 5 (the right to liberty and security of person) and protection of the right under Article 10 (the right to freedom of expression.
The Report was prepared based on analysis of 150 decisions of the Constitutional Court of Bosnia and Herzegovina and 120 decision of the regular courts adopted during the period from 2015 to 2019. It is intended for the judges of the regular courts, prosecutors, attorneys and defence attorney of suspect and accused persons. Considering the Report deals with the issue of protection of right to freedom of expression, it is also relevant to the representative of the media.
Judge of the Constitutional Court of Bosnia and Herzegovina Zlatko M. Knežević and Senior Legal Advisor Sevima Sali-Terzić presented the Report to the judges of the Basic and County Court in Banja Luka. During the discussion, judges expressed pleasure for having been presented in this manner with the standards of the rights to liberty of person and freedom of expression, with a review of relevant case law of regular courts and Constitutional Court of BiH.
The Report was also presented to the Judges of the Appellate and Basic Court in Brčko Distrct, Municipal and Cantonal Court in Mostar and Cantonal Court in Sarajevo in July and September of this year. The judges have found the Report as being useful tool stressing it will be of great use in their future work.