Decision on admissibility and merits nº AP-1426/05 of , of November 09, 2006

The Constitutional Court of Bosnia and Herzegovina, sitting, in accordance with Article VI(3)(b) of the Constitution of Bosnia and Herzegovina, Article 16, paragraph 4(4), Article 59, paragraph 2 (2) and Article 61, paragraphs 1, 2 and 3 of the Rules of the Constitutional Court of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina No. 60/05), in a Grand Chamber and composed of the following judges:

Ms. Hatidža Hadžiosmanović, President,

Mr. Miodrag Simović, Vice-President

Ms. Valerija Galić, Vice-President

Mr. Mato Tadić,

Mr. Jovo Rosić,

Having deliberated on the appeal of Dino Menzilović et al., in case No. AP 1426/05,

at its session held on 9 November 2006, adopted the following

DECISION ON ADMISSIBILITY AND MERITS

The appeal of Dino Menzilović is partially granted.

A violation of the right to freedom and security of person under Article II(3)(d) of the Constitution of Bosnia and Herzegovina and Article 5, paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is hereby established, with respect to the deprivation of liberty of Dino Menzilović following the legally binding Judgment of the Supreme Court of Bosnia and Herzegovina No Kž-169/05 of 18 May 2005 pending  his prison sentence serving.

 The appeal of Dino Menzilović and Dževad Hazić against the Judgment of the Supreme Court of the Federation of Bosnia and Herzegovina No. Kž-169/05 of 18 May 2005 and the Judgment of the Cantonal Court of Travnik No. K-14/04 of 26 November 2004 with respect to the alleged 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 is dismissed as ill-founded.

The appeal of Dino Menzilović against the Ruling of the Supreme Court of the Federation of Bosnia and Herzegovina No Kž-539/04 of 17 December 2004 is rejected as inadmissible due to the expiry of the time-limit for lodging an appeal.

The appeal of Dževad Hazić against the Ruling of the Cantonal Court of Novi Travnik No. K-14/04 of 26 November 2006 is rejected as inadmissible due to the expiry of the time-limit for lodging an appeal.

This Decision shall be published in the Official Gazette of Bosnia and Herzegovina, the Official Gazette of the Federation of Bosnia and Herzegovina, the Official Gazette of the Republika Srpska and the Official Gazette of the Brcko District of Bosnia and ...

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