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

Similar documents
Rapport national / National report / Landesbericht / национальный доклад

CONSTITUTION OF BOSNIA AND HERZEGOVINA

Bosnia and Herzegovina's Constitution of 1995 with Amendments through 2009

USTAVNI SUD BOSNE I HERCEGOVINE УСТАВНИ СУД БОСНЕ И ХЕРЦЕГОВИНЕ CONSTITUTIONAL COURT COUR CONSTITUTIONNELLE

European Court of Human Rights. Questions & Answers

THE EUROPEAN COURT OF HUMAN RIGHTS IN FACTS & FIGURES

Rights of migrants the Universal Declaration of Human Rights the International Covenant on Economic, Social and Cultural Rights the International Cove

CHARTER OF FUNDAMENTAL RIGHTS OF THE EUROPEAN UNION

HUDOC: List of Keywords Article by Article

Overview ECHR

NORTHERN IRELAND GUARDIAN AD LITEM AGENCY. Lone Working Policy & Procedure

European Convention on Human Rights

EQUALITY SCREENING TEMPLATE

Equality, Good Relations and Human Rights Screening Template

EQUALITY SCREENING TEMPLATE

Freedom of Information and Data Protection

Equality, Good Relations and Human Rights Screening Template. Title : Statutory and Mandatory Training Policy

It now has over 200 countries in the General Assembly which is like a world parliament.

European Convention on Human Rights

REPORT SUBMITTED BY BOSNIA AND HERZEGOVINA PURSUANT TO ARTICLE 25, PARAGRAPH 1 OF THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES

30 Basic Human Rights List Universal Declaration of Human Rights

LAW ON THE COURT OF BOSNIA AND HERZEGOVINA

UNDCP MODEL WITNESS PROTECTION BILL, 2000

Overview ECHR

DECISION ON THE ADMISSIBILITY AND MERITS (delivered on 6 April 2001)

Widely Recognised Human Rights and Freedoms

DECISION ON ADMISSIBILITY AND MERITS (delivered on 10 December 1999)

CCPR/C/BIH/CO/2. International Covenant on Civil and Political Rights. United Nations

UNIVERSAL DECLARATION OF HUMAN RIGHTS

CONSOLIDATED VERSION FOR INTERNAL USE ONLY!!! LAW ON CIVIL SERVICE OF THE FEDERATION OF BOSNIA AND HERZEGOVINA

Immigration, Asylum and Refugee ASYLUM REGULATIONS 2008

Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

LAW ON PERMANENT AND TEMPORARY RESIDENCE OF CITIZENS OF BOSNIA AND HERZEGOVINA. Official Gazette of BiH, no. 32/01

Protocol. Between THE GOVERNMENT OF SUDAN (GOS) AND THE SUDAN PEOPLE S LIBERATION MOVEMENT (SPLM) POWER SHARING

Grabenwarter European Convention on Human Rights Commentary

Equality and Human Rights Screening Template

Case Summary C.K. et al v the Commissioner of Police/Inspector General of the National Police Service et al Petition no. 8 of 2012

DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS INSTRUMENTS

ACT ON AMENDMENDS TO THE ASYLUM ACT. Title I GENERAL PROVISIONS. Article 1

CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA ACT NO 108 OF 1996

Invest NI Section 75 Screening

UNHCR Provisional Comments and Recommendations. On the Draft Amendments to the Law on Asylum and Refugees

HUMAN RIGHTS. The Universal Declaration

Universal Periodic Review on Human Rights in Bosnia and Herzegovina

Regarding Asylum Claims Made at Land Borders

Law on the Protector of Human Rights and Freedoms of Montenegro

International Covenant on Civil and Political Rights

International Covenant on Civil and Political Rights

UNITED NATIONS OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS NATIONS UNIES HAUT COMMISSARIAT DES NATIONS UNIES AUX DROITS DE L HOMME

L A W ON DISPLACED PERSONS, RETURNEES AND REFUGEES IN THE REPUBLIKA SRPSKA (RS Official Gazette, no. 42/05 of 26 April 2005)

PROCEDURAL STANDARDS IN EXAMINING APPLICATIONS FOR REFUGEE STATUS REGULATIONS

Human Rights Bill No., A Bill for an Act to respect, protect and promote human rights

PREAMBLE The UN UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Institution of Human Rights Ombudsman of Bosnia and Herzegovina

Attachment 1 to Submission of the National Whistleblowers Center to the UN Universal Periodic Review

Refugee Law In Hong Kong

Policy & Procedural Arrangements relating to Driving for Work

An Overview of the UK s Obligations. Sarah St Vincent The AIRE Centre

BOSNA I HERCEGOVINA Institucija ombudsmena/ombudsmana za ljudska prava Bosne i Hercegovine

THE PRIME MINISTER ASYLUM ACT

HUMAN RIGHTS (JERSEY) LAW 2000

E5 Human Rights Policy. Kelda s Human Rights policy applies to every Kelda employee and is based on the following key principles:

Optional Protocol to the Convention on the Elimination of Discrimination against Women

INTERNATIONAL CONVENANT ON CIVIL AND POLITICAL RIGHTS and its Optional Protocols

WorldCourtsTM I. SUMMARY

amended on 27 January 1997 and on 11 April 2000 PREAMBLE Conscious of our responsibilities and of our rights before history and before humanity;

CCPR/C/MRT/Q/1. International Covenant on Civil and Political Rights. United Nations

Simplified Version of the Declaration of Rights:

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/66/457)]

Review of NIPEC Accommodation Strategic Outline Case / Business Case

The Impact of the EU Charter on Fundamental Rights University of Kent 7 December 2017

MINISTRY OF THE INTERIOR. ACT ON INTERNATIONAL AND TEMPORARY PROTECTION clean version

General information on the national human rights situation, including new measures and developments relating to the implementation of the Covenant

Seminar organized by the Supreme Administrative Court of Poland and ACA-Europe

Equality and Human Rights Screening Template

DECISION ON ADMISSIBILITY AND MERITS

What Are Human Rights?

LAW ON CITIZENSHIP OF BOSNIA AND HERZEGOVINA UNOFFICIAL CONSOLIDATED TEXT

Ms. Valerija Galić, President Mr. Miodrag Simović, Vice-President Ms. Seada Palavrić, Vice-President Mr. Mirsad Ćeman Mr. Zlatko M.

DECISION ON ADMISSIBILITY AND MERITS

Resolution adopted by the Human Rights Council on 23 March /18. Situation of human rights in the Democratic People s Republic of Korea

Health Practitioners Competence Assurance Act 2003 Complaints and Discipline Process

Mr. Željko Komšić, a Member of the Presidency of Bosnia and Herzegovina at the time of filing the request, U 14/12

Fiji Islands Extradition Act 2003

Breach of Human Rights and S4

Universal Declaration of Human Rights

Human and Labor Rights Declaration

LAW ON LOCAL ELECTIONS. ("Official Gazette of the Republic of Serbia", no. 129/2007) I MAIN PROVISIONS. Article 1

PARLIAMENTARY ASSEMBLY OF BOSNIA AND HERZEGOVINA 308 LAW ON AMENDMENTS TO THE LAW ON THE PROTECTION OF PERSONAL DATA

Making sense of human rights

Equality and Human Rights Screening Policy

Ensuring protection European Union Guidelines on Human Rights Defenders

The Fundamentals of Human Rights: A Universal Declaration.

Refugee Law: Introduction. Cecilia M. Bailliet

COUR EUROPÉENNE DES DROITS DE L HOMME EUROPEAN COURT OF HUMAN RIGHTS FIRST SECTION. CASE OF OAO PLODOVAYA KOMPANIYA v. RUSSIA

HUMAN RIGHTS AND DISCRIMINATION

African Charter on Human and Peoples' Rights (Banjul Charter)

HUMAN RIGHTS IN THE ARMED FORCES OF BOSNIA AND HERZEGOVINA

KENYA - THE CONSTITUTION

The Universal Declaration of Human Rights

Transcription:

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) E-mail 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) E-mail 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

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).

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 1. 6. 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.

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. 1. 2. 3. 4. 5. 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

9. LIST OF DOCUMENTS List all documents attached. (Attach here copies of all decisions and documents referred to in this appeal) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 10.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 71000 Sarajevo 1 Required in the case of a legal person

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

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)

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

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.