Appeals of Pleha, Smajić and Bjelak Rejected

The Constitutional Court of Bosnia and Herzegovina held its regular 15th Grand Chamber session today, which, among other things, decided on appeals related to 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 regarding the decision-making within a reasonable time, admissibility, and merits. As part of the decision-making on appeals, the Court rejected a number of appeals as unfounded in cases where it concluded that no such violation had occurred, reports the BiH news agency Patria.

The Constitutional Court of BiH, among other things, also considered the appeals of Nermin Bjelak, Haris Pleha, and Rasim Smajić filed against the decisions of the Court of Bosnia and Herzegovina and the Central Election Commission of Bosnia and Herzegovina. In accordance with Article 32, paragraph (1) of the Rules of the Constitutional Court, the Constitutional Court decided to merge these appeals into one procedure and, in relation to this, made the decision under number AP 66/15.

- Namely, the Central Election Commission of BiH, by its decisions, refused to certify the appellants' candidate lists because it determined that the appellants, by declaring themselves as Serbs during the current election cycle (local elections 2012-2016, and general elections 2010-2014), had abused the right to declare their affiliation with a constituent people and usurped the right of the relevant people to elect candidates to the House of Peoples. Namely, these appellants declared themselves differently regarding their national affiliation on the candidate application form for the General Elections in 2010, then on the candidate application form for the local elections in 2012, and on the form for the General Elections in 2014.

When deciding on the individual appeals of the appellants filed against the decisions of the CEC, the Court of BiH rejected the appeals. Examining the contested decisions of the Central Election Commission, in the context of the appellants' appeal objections, the Court of BiH concluded that the CEC acted correctly when it refused to certify the appellants' candidate lists for the election of delegates to the House of Peoples from the Assembly of Sarajevo Canton from the Serb people.

In the appeals filed by the appellants Nermin Bjelak, Haris Pleho, and Rasim Smajić, they emphasize, among other things, that their rights under the Constitution of Bosnia and Herzegovina and the European Convention for the Protection of Human Rights and Fundamental Freedoms were violated by the decisions they are contesting, and point out that it is absurd to compare the declaration of national affiliation for the direct General Elections in 2014 with the declaration made on the candidate forms for the General Elections in 2010, i.e., the local elections in 2012, because, in the appellants' opinion, it concerns a different election cycle.

The Constitutional Court of BiH, taking into account the statements in the appeals, the contested decisions of the CEC, i.e., the rulings of the Court of BiH, and considering all relevant facts and statements, concluded that the contested decisions of the CEC and the Court of BiH did not violate the rights of the appellants in relation to the Constitution of Bosnia and Herzegovina, the European Convention for the Protection of Human Rights and Fundamental Freedoms, Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the International Covenant on Civil and Political Rights, and therefore rejected the appeals of Nermin Bjelak, Haris Pleha, and Rasim Smajić filed against the rulings of the Court of Bosnia and Herzegovina and the decisions of the Central Election Commission of Bosnia and Herzegovina as unfounded, or dismissed their appeals as inadmissible because they were ratione materiae incompatible with the Constitution of Bosnia and Herzegovina.

All decisions adopted at the session will be delivered to the appellants within one month and published on the website of the Constitutional Court of Bosnia and Herzegovina.