Press statement | 16.05.2017

Decision of the Constitutional Court implemented in the Canton 10 after initiating the investigation based on complaint lodged to the Ombudsman

Adnan Balagić filed a complaint to the Ombudsman: Ž-LI-05-72 / 17 on 21 February 2017, alleging a violation of Article 76.5 of the Rules of the Constitutional Court of Bosnia and Herzegovina. Namely, the responsible party, the Cantonal Ministry of Finance, did not act on the Constitutional Court Judgment in case AP 2093/13 dated 15 September, (although he had repeatedly asked the authority in question to do so), which establishes a violation of the right to a fair trial under Article II.3 of the Constitution of Bosnia and Herzegovina and Article 6 (1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms in relation to the complainant's right to have a decision within a reasonable time, concluded by the Supreme Court of the Federation of Bosnia and Herzegovina No. 68 0 P 005354 11 Rev. dated 17 January 2013.

The same decision on admissibility and merits orders the Government of the Canton 10, in accordance with Article 74 of the Rules of the Constitutional Court, within three months from the delivery of that decision, to pay an amount of 3,600.00 BAM to the complainant against non-pecuniary damages for the breach of the right to trial within a reasonable time, with the obligation to pay a statutory default interest to any unpaid amount or a part of it, which had become due according to this decision.

Following the initiation of the investigation, the Ombudsman reminded the Cantonal Ministry of Finance 10 of the obligation of implementation of the decisions adopted by the Constitutional Court, in accordance with Article 76 of the Rules of the Constitutional Court of BiH. Namely, the Government of the Canton 10 was obliged to notify the Constitutional Court of BiH, within three months from the date of delivery of the mentioned decision of the measures taken with the aim of its implementation. In reply of the responsible party, the Ombudsman was informed that the Government of Canton 10 following the inquiries of the Human Rights Ombudsman of Bosnia and Herzegovina had adopted the Decision to approve the necessary funds for this purpose (Decision no. 01-02-79-1 / 17 dated 30 March 2017) . Attached to the letter was the bank statement issued by the Hypo Alpe Adria Bank, to confirm that the complainant’s account was credited with the mentioned account.

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