Dodik says the Constitutional Court of BiH is working: The Grand Chamber also sat today

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Dodik says the Constitutional Court of BiH is working: The Grand Chamber also sat today

SARAJEVO, (Patria) - The Constitutional Court of Bosnia and Herzegovina is operating as usual. They also sat today, while Milorad Dodik's statements raised new tensions and provoked a reaction from the PIC and the US Embassy. 

We recall, in light of recent events in Bosnia and Herzegovina, the Steering Board of the Peace Implementation Council (PIC) once again expresses its unreserved support for the work of the Constitutional Court of BiH and all its judges. The Court's decisions are final and binding, and the competent authorities are obliged to implement them. The Constitutional Court of BiH represents the foundation upon which the constitutional framework of BiH is built and is a fundamental pillar of the rule of law and democracy in BiH.

Among the decisions made today, the Constitutional Court singled out a ruling where it concluded that there was a violation of the right to a fair trial under Article II/3.e) of the Constitution of Bosnia and Herzegovina and Article 6, paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention), given that in the circumstances of the specific case, slightly more than three years had passed from the moment the appellant learned of the existence of the "charge," and the competent prosecutor's office offered no reasons or explanations for the duration of the investigation, nor did it inform the Constitutional Court whether the College of the Prosecutor's Office had taken or is taking measures to conclude the investigation.

Furthermore, the Constitutional Court concluded that there was a violation of the right to a fair trial under Article II/3.e) of the Constitution of Bosnia and Herzegovina and Article 6, paragraph 1 of the European Convention because the position of the regular courts that the legal institute of the temporal validity of the Criminal Code from Article 5 of the Criminal Code of the Federation of BiH cannot be applied to the institute of replacing a prison sentence with a fine from Article 43a of the Criminal Code of the Federation of BiH was arbitrary.

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.


 

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