APPEAL. (to be filled in by the Court's Registry Office) a) First and last name/name of legal entity c) Tel/Fax

Transcription

1 USTAVNI SUD BOSNE I HERCEGOVINE УСТАВНИ СУД БОСНЕ И ХЕРЦЕГОВИНЕ CONSTITUTIONAL COURT OF BOSNIA AND HERZEGOVINA COUR CONSTITUTIONNELLE DE BOSNIE-HERZEGOVINE APPEAL Case no. AP / Date of receipt: (to be filled in by the Court's Registry Office) 1. APPELLANT a) First and last name/name of legal entity c) Tel/Fax b) Address Contact address for correspondence with the Constitutional Court d) 2. APPELLANT S COUNSEL Fill in this section only if a lawyer or other counsel represents the appellant in proceedings before the Constitutional Court. Attach here a power of attorney. a) First and last name/name of legal entity c) Tel/Fax b) Address Contact address for correspondence with the Constitutional Court d) 3. CHALLENGED DECISION Attach here a copy of the challenged decision. a) Court/body that took the decision Decision no. Date of adoption Date of service of the decision on you

2 b) Timeliness State the date of service of a decision on the last effective remedy used. c) Are proceedings terminated or pending? TERMINATED Note PENDING 4. IN THE ABSENCE OF A CHALLENGED DECISION, SET OUT REASONS FOR LODGING YOUR APPEAL (Article 19 paragraph 2(4) of the Rules of the Constitutional Court) AND ALLEGATIONS INDICATING GRAVE BREACHES OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS SAFEGUARDED BY THE CONSTITUTION OF BOSNIA AND HERZEGOVINA OR THE INTERNATIONAL DOCUMENTS APPLIED IN BOSNIA AND HERZEGOVINA (Article 16 paragraph 3 of the Rules of the Constitutional Court).

3 5. PROVISIONS OF THE CONSTITUTION AND/OR INTERNATIONAL DOCUMENTS ON HUMAN RIGHTS APPLIED IN BOSNIA AND HERZEGOVINA DEEMED TO HAVE BEEN VIOLATED The rights protected under the Constitution are listed in Attachment FACTS Write a brief account of the allegations, facts and evidence on which your appeal is based (if necessary, continue on a separate sheet of paper). List all relevant documents in Section 8 of this form.

4 7. REMEDIES a) Remedies used (complaint, revision-appeal, etc.) Court/body that took the decision Decision no. Date of adoption Outcome of proceedings b) Failure to use remedies If there was a possibility of lodging a complaint or revision-appeal that you did not use, set out the reasons why you failed to do so. 8. ADDITIONAL INFORMATION AND NOTES a) Other decisions State in chronological order all other decisions that have a bearing on your appeal Court/body that took the decision Decision no. Date of adoption b) Other appellate proceedings Have you previously turned to the Human Rights Chamber for Bosnia and Herzegovina or the Commission for Real Property Claims of Refugees and Displaced Persons (Annex 7) concerning the same matter? YES NO If the answer to the previous question is affirmative, specify: Case no. Date the application was lodged Date and number of decision

5 9. LIST OF DOCUMENTS List all documents attached. (Attach here copies of all decisions and documents referred to in this appeal) OFFICIAL LANGUAGE What official language would you like to use in your communication with the Constitutional Court? Bosnian Croat Serb 11.SECRECY Do you wish your identity to be disclosed in the decision of the Constitutional Court? YES NO Signature of the appellant or his/her counsel (seal 1 ), Place and date This form should be sent to the following address: Constitutional Court of Bosnia and Herzegovina R. Dz. Causevica 6/III Sarajevo 1 Required in the case of a legal person

6 Attachment no.1 The rights and freedoms set forth in the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols shall apply directly in Bosnia and Herzegovina. All persons within the territory of Bosnia and Herzegovina shall enjoy the human rights and fundamental freedoms referred to in paragraph 2 above; these include 2 : a) The right to life. b) The right not to be subjected to torture or to inhuman or degrading treatment or punishment. c) The right not to be held in slavery or servitude or to perform forced or compulsory labour. d) The right to liberty and security of person. e) The right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings. f) The right to private and family life, home, and correspondence. g) Freedom of thought, conscience and religion. h) Freedom of expression. i) Freedom of peaceful assembly and freedom of association with others. j) The right to marry and to establish a family. k) The right to property. l) The right to education. m) The right to freedom of movement and residence. The enjoyment of the rights and freedoms provided for in this Article or in the international agreements listed in Annex I to this Constitution shall be guaranteed to all persons in Bosnia and Herzegovina without discrimination on any grounds such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. 3 2 Article II.3 of the Constitution of Bosnia and Herzegovina 3 Article II.4 of the Constitution of Bosnia and Herzegovina

7 Attachment no.2 According to Article 16 of the Rules of the Constitutional Court of Bosnia and Herzegovina 4, the Constitutional Court shall examine an appeal only: if all effective remedies which are available under law against a judgment or decision challenged by the appeal are exhausted, and if the appeal is filed within the time-limit of 60 days as from the date on which the decision on the last remedy used by the appellant was served to him/her. When can I appeal to the Constitutional Court? The court entertains "appellate jurisdiction over issues... arising out of a judgment of any court in Bosnia and Herzegovina". According to the Constitution, the Constitutional Court serves as the protector of, among other things, the following human rights: The right to life. The right not to be subjected to torture or to inhuman or degrading treatment or punishment. The right not to be held in slavery or servitude or to perform forced or compulsory labour. The right to liberty and security of person. The right to a fair hearing in civil and criminal matters, and other rights relating to criminal proceedings. The right to private and family life, home, and correspondence. Freedom of thought, conscience and religion. Freedom of expression. Freedom of peaceful assembly and freedom of association with others. The right to marry and to found a family. The right to property. The right to education. The right to liberty of movement and residence. 4 Rules of the Constitutional Court of Bosnia and Herzegovina ("Official Gazette of Bosnia and Herzegovina", no. 60/05, 76/05, 64/08, 51/09)

8 Attachment no.3 What are the Constitutional Court s powers? If the Constitutional Court finds that your appeal is admissible, it may act in two possible ways. Firstly, it may decide the case on its merits and transmit its decision to the competent Entity body. The body is then obligated to observe the Constitutional Court s decision. Secondly, the Constitutional Court may quash the challenged judgment and refer the case back to the court that rendered the judgment for employment of new proceedings. When taking a new decision, the court below is then obligated to observe the Constitutional Court s decision regarding the human rights and fundamental freedoms of the appellant. If the court below fails to observe the Constitutional Court s decision, the appellant may lodge a new appeal which will then be decided on its merits by the Constitutional Court. Who is eligible to lodge an appeal? According to the Constitution of Bosnia and Herzegovina, the appellant can be either a physical or legal person (a firm or a corporation). The appellant does not necessarily have to be a citizen of Bosnia and Herzegovina. How can I lodge an appeal? The appeal may be lodged with the Court either in person or by mail. Applying to the Constitutional Court is facilitated by means of an appeal form. The Court s Registry and the legal advisors will assist you in filling in the form. You may send your inquiries to info@ustavnisud.ba. When should an appeal not be lodged? An appeal should be lodged with the Court within 60 days as from the date of service of the last judgment or decision. It is also required that the appellant exhaust all remedies at his/her disposal prior to turning to the Constitutional Court. This means that if there is still a possibility to apply to a body or a court at the State or Entity level that you did not use, you should do so. However, it is required that your turning to the body or court is effective. If you consider that the assistance of the body or court will not be effective, it may still be useful for you to turn to the Constitutional Court regardless of the fact that all legal options have not been used. What is the procedure before the Court? In the event that the Constitutional Court finds the appeal admissible, it will request the respondent party to submit its reply or documents. Failure on the part of the respondent party to reply will not affect the proceedings before the Constitutional Court. The procedure is conducted in writing. However, the Court may decide to hold a public hearing when the issue pertinent to the adoption of a decision requires previous discussion. The appellant may present his/her case before the Constitutional court or he/she may designate a person to represent

9 him/her. In the latter case, the appellant is advised to engage a lawyer to present the case. Your representative is obliged to produce a power of attorney.