Alija Delimustafić's Right to Freedom of Movement Found Violated

(Patria) - The Constitutional Court of Bosnia and Herzegovina accepted the appeal of Alija Delimustafić, accused of organized crime and other criminal offenses, in which a violation of the right to freedom of movement and residence was found, and the decision itself particularly states that the trial in this case has not yet begun.

The decision found that the Cantonal Court in Sarajevo does not review the imposed prohibition measures every two months.

Namely, from the available documents and situations that the Constitutional Court has previously considered in its decisions, it can be determined that the regular court does not act on the mentioned obligation, and in its response to the appeal, it did not even comment on these allegations by Delimustafić, Detektor reports.

For the aforementioned reasons, the Constitutional Court concludes that the regular court continues to fail to control, within the legally prescribed period, whether the prohibition measure imposed on the appellant is still necessary, which violates the appellant's right to freedom of movement and residence.

"The Constitutional Court considers that the contested decisions have undoubtedly led to an 'interference' with the appellant's right to freedom of movement (...) The Constitutional Court notes that the contested decisions list the reasons for the prohibition measures that existed during the detention period, and that the court considers that these reasons have not changed even after six years and about five months since the indictment was filed, or after four years and about nine months since the prohibition measures were imposed," the decision states.

Delimustafić's prohibition measures have been eased, and the Constitutional Court considers that every "easing of measures" is largely a consequence of the decisions of this court and the established human rights violations.

The Constitutional Court particularly emphasizes in its decision that Delimustafić's trial has still not begun, even after more than six years and five months since the indictment was confirmed.

In addition, the Constitutional Court believes that it cannot be concluded that during the period of the prohibition measures, starting from July 16, 2019, there were circumstances that would suggest that the appellant, by his actions, prevented the proceedings or neglected the imposed measures.

"The contested decisions do not indicate any objective reasons why the main hearing has not started in such a long period, nor did the Cantonal Court state in its response what it is doing to effectively conduct this procedure," the decision reads.

As stated, the Constitutional Court notes with great concern that, in such a situation, the proceedings in which the indictment has been confirmed can continue to be delayed, while the same reasons for restricting the appellant's freedom of movement are constantly being formally repeated.

Delimustafić is indicted with 16 other persons and several legal entities, and he is accused of organizing a criminal group from 2009 to 2016 that, among other things, illegally registered and resold real estate – mostly of deceased persons in the Sarajevo area – acquiring property benefits exceeding ten million convertible marks.

The Constitutional Court also found that the Appellate Panel of the Cantonal Court did not decide on Delimustafić's appeal of March 22, 2023, within the legal deadline of three days, but only after three months and 15 days, thus establishing a violation of the right to an effective legal remedy.

The Cantonal Court in Sarajevo has been ordered to take appropriate measures within five days of receiving this decision to examine whether the prohibition measures imposed on Delimustafić are still necessary.