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| CONSTITUTIONAL COURT
OF BOSNIA AND HERZEGOVINA
Reisa Dž.Čauševića 6
71000 Sarajevo
Bosnia and Herzegovina
tel: (033)
251-226
fax: (033) 561-134
e-mail: info@ccbh.ba
Reception hours:
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| Events | | | Dear Sir/Madam,
Due to great interest of the public for the proceedings and decision of the Constitutional Court of Bosnia and Herzegovina in „Alijagić“ case (case No. AP-775/08, appellants Salih and Muamer Alijagić), the need for the public to receive accurate and confidential information, as well as to comply with the principle of transparent work of the Constitutional Court of Bosnia and Herzegovina, the Constitutional Court hereby informs of the following:
The decision in case No. AP-775/08 which was taken at the plenary session of the Constitutional Court held on 30 May 2009. Constitutional Court of Bosnia and Herzegovina found a violation of the appellants'' right to a fair trial and right to property. By its decision, the Constitutional Court of Bosnia and Herzegovina quashed the judgment of the Supreme Court of the Republika Srpska No. 118-0-Rev-06-000430 of 31 January 2008, ruling of the Supreme Court of the Republika Srpska No Rev-430/04 of 15 March 2005 and judgment of the County Court in Trebinje No. Gž-156/05 of 25 November 2005. The judgment of the County Court in Trebinje No. Gž-577/03 of 24 September 2004 remained in force insofar as it relates to the award of compensation for pecuniary damage for confiscated feedstock and insofar as it relates to the decision on interest and compensation for confiscated machines, the decision was quashed and the case referred back for new proceedings to the competent court. In the remainder, the Constitutional Court of Bosnia and Herzegovina rejected the appeal (decision is attached).
Constitutional Court of Bosnia and Herzegovina reiterates that the case AP-775/08 is only partially decided on the merits insofar as the Court upheld the finding of the competent County Court in Trebinje in its judgment No. Gž-156/05 of 25 November 2005 (Article 64 paragraph 2 of the Rules of the Constitutional Court of Bosnia and Herzegovina). In the remainder, the proceedings are pending.
Decisions of the Constitutional Court of Bosnia and Herzegovina shall be final and binding (Article VI(4) of the Constitution of Bosnia and Herzegovina).
On 12 October 2009, by invoking Article 70 of the Rules of the Constitutional Court of Bosnia and Herzegovina, the Attorney''s Office of the Republika Srpska submitted a Request for Review of the Decision in case No. AP-775/08. On 16 November 2009, the Municipality of Trebinje submitted the supplement to this request. On 12 April 2010, the Attorney''s Office of Republika Srpska submitted an urgent request that the Court decide on the Request for Review of Decision in case AP-775/08.
Constitutional Court of Bosnia and Herzegovina is hereby emphasizing that all cases are exclusively decided in a chronological order. This principle is also used in case of requests for review of the decisions of the Constitutional Court of Bosnia and Herzegovina. The exception to this rule are decisions on admissibility in case of appeals rejected for formal reasons (untimely filing of appeal, premature filing of appeal, lack of competence of the Constitutional Court etc.). Although the Constitutional Court of Bosnia and Herzegovina recognizes the fact that every case is important to those it concerns directly (participants to the proceedings), grounds for the chronological order in processing cases are found in a principle of equality of citizens before law. This is the main reason why the request and supplement to the request for review of decision in case no. AP-775/08 is not processed to date.
Finally, we would like to note that the Constitutional Court of Bosnia and Herzegovina, with the today''s date, has 6.495 cases pending. It also currently works on 119 requests for review. Despite all the efforts of the Court and excellent results in the past period, the Court is currently resolving the cases from 2007 and 2008. In order to demonstrate the case-load, we would like to note that with the almost same number of staff, the Constitutional Court has, for the fist three months of 2010 received and registered 1145 cases and resolved almost 900 cases, while ten years ago, in the entire 2000, it received a total of 114 cases and decided 62 cases.
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