THE PRACTICE OF THE CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA - THE RIGHT TO FREEDOM AND PERSONAL SECURITY AND THE PRESUMPTION OF INNOCENCE

Abstract

The appellant's right to freedom and personal security from Article II/3d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 1 point c) and paragraph 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms were violated when the regular courts, when extending and checking the justification of detention , failed to state concrete reasons and circumstances that justify the conclusion that the release of the appellant would result in extraordinary circumstances due to a real (not abstract) threat to disrupt public order in the sense of the provisions of Article 197 paragraph 1 point g) of the Law on Criminal Procedure of the Republic of Srpska. On the other hand, the principle of the presumption of innocence from Article II/3e) of the Constitution of Bosnia and Herzegovina and Article 6 paragraph 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms is not violated in a situation where there is nothing in the circumstances of the specific case that would lead to the conclusion that the regular the court prejudged the appellant's guilt with the contested decisions.