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SARAJEVO, September 23 (FENA) - The case-law of courts in Bosnia and Herzegovina is recording progress in the application of the standards of the European Convention on Human Rights in the field of freedom and security of the person, as well as in the domain of freedom of expression, i.e. in terms of harmonization of case-law with international legal standards and instruments, it was pointed out today before the meeting in Sarajevo, organized on the occasion of the presentation of the Report "Case-Law of Bosnia and Herzegovina Courts on the Right to Liberty and Security of Person and the Right to Freedom of Expression".
It is a publication made by the Constitutional Court of BiH in cooperation with the AIRE (Advice on Individual Rights in Europe) center from London and with the support of the British Embassy in BiH, and whose focus is to achieve a higher degree of harmonization of court practice in BiH.
President of the Constitutional Court of Bosnia and Herzegovina Zlatko M. Knežević told reporters that the mentioned publication/report for the first time in many years in Bosnia and Herzegovina 'brings' an overview of the practice, not only of the highest courts but also the practice of district and cantonal courts, whose cases 'do not reach' the Constitutional Court.
Answering journalists' questions regarding the content of the Report, Knežević said that the element - the right to liberty and security of person, which is present in cases of the Constitutional Court of BiH, almost as a rule treats issues related to ordering and extending detention, and special security measures concerning the suspect or the accused.
“Human freedom is the rule, deprivation of liberty is an exception and every exception must be explained in detail,” Knežević emphasizes, reminding that, at the same time, there is an increasing level of protection of professional media in terms of protection of the right to freedom of expression of individuals and media.
Ambassador of the United Kingdom to Bosnia and Herzegovina Matthew Field welcomed the presentation of the Report, emphasizing that the effective rule of law is in the first place when it comes to the trust of both citizens and investors.
“The need to harmonize the case-law of BiH courts with the decisions of the European Court of Human Rights and the Constitutional Court of BiH is clearly stated in all relevant reports,” said Field.
He added that judges in BiH will have an overview of all relevant court decisions and principles of legal interpretation through the mentioned publication, stating that the right to freedom of personality and expression is the very core of a democratic society.
The presented report in a way promotes the harmonization of case-law in BiH, primarily with decisions of the Constitutional Court of BiH and the European Court of Human Rights, which is clearly emphasized in the Opinion of the European Commission from 2019.
The publication has been translated into English and included in the library of the European Court of Human Rights in Strasbourg and the European Court of Justice in Luxembourg, which is in charge only for EU members.
(FENA) A. B.
