BOSNIA CONSTITUTIONAL COURT HELD ITS 95TH SESSION OF THE CHAMBER
Senin, 21 April 2008
| 10:39 WIB
Today (17 April 2008), the Constitutional Court of Bosnia and Herzegovina held its 95th session of the Chamber followed by the 64th session of the Grand Chamber. At the session of the Chamber, the Constitutional Court dismissed as ill-founded 3 requests for interim measures and decided in 114 cases at the session of the Grand Chamber.
In a number of cases, the Constitutional Court found a violation of the right to fair trial for the regular court failure to adopt decisions within reasonable time.
In case no. AP-399/06, the Constitutional Court dismissed as ill-founded the appeal of Slobodna Dalmacija, Joint Stock Company, Split that raised an issue of violation of the right to freedom of expression. Constitutional Court concluded that there is no violation of the right to freedom of expression when by its decision, the court in the civil lawsuit orders the appellant to pay out non-pecuniary compensation for damages to the reputation of the plaintiff by presenting and transmitting false facts, as the interference was prescribed by law, had the protection of rights of others as its goal and was necessary measure in the democratic society.
Further, the Constitutional Court granted the appeal in case no. AP-441/08 and found a violation of the right to property as the court by its decision prevented the appellant to acquire rights arising under sales contract. In its decision taken earlier, the Human Rights Chamber already found this to be a violation of the right to property. Being that the decisions of the Human Rights Chamber are final and binding pursuant to Annex VI of the Agreement, the courts had to comply with this decision.