The Constitutional Court of Bosnia and Herzegovina found that the rights of escaped prisoner Ivica Mišković were violated while he was in detention in Banjaluka, because the Basic Court of Banjaluka did not respect the legal deadline of two months for controlling the extension of detention.
Izvor: Screenshot
“The violation of the right to personal freedom and security of the Constitution of BiH and the European Convention for the Protection of Human Rights and Fundamental Freedoms is established because the mandatory two-month control of the justification of the appellant’s detention was not carried out”, it is stated in the decision of the Constitutional Court of BiH adopted at the session held last week.
As we wrote earlier, Mišković is On November 7 last year, he escaped from the building of the Basic Court of Banjaluka after it is invalid sentenced to four years in prison for molesting a child under the age of 15.
After the escape, Mišković left Bosnia and Herzegovina and fled to Croatia, where he is now. Although a warrant has been issued for him, the Croatian Ministry of Justice and Administration has in the meantime informed the competent authorities in BiH that they “cannot comply with the request for extradition”, with the explanation that “the legal prerequisites prescribed by the Treaty between the Republic of Croatia and Bosnia and Herzegovina on extradition from in 2012”.
Back in March of last year, Mišković, through the “Pucar” law office, submitted an appeal to the Constitutional Court of Bosnia and Herzegovina against the decision of the Basic and District Court in Banja Luka, which extended his detention after the confirmation of the indictment for the aforementioned criminal offense. His detention was ordered due to the risk of escape, with the explanation that, after he was discovered, he had already left Bosnia and Herzegovina once and went to Croatia, whose citizenship he holds.
The danger that he will repeat the crime was highlighted as the second reason for detention.
The basic court stated that the evidence shows that the appellant repeated the criminal offense several times against the same injured party and that there is a suspicion that he did it in the house where she lives while her father, mother and brother were staying there. Therefore, the Basic Court indicated that, according to the allegations in the indictment, “the appellant could not control the urge to commit such an act even in a situation where he could have been discovered”.
It is also added that an investigation was conducted against Mišković for the same criminal offense before another prosecutor’s office.
Mišković complained to the Constitutional Court of Bosnia and Herzegovina that the control of the justification of his detention was not carried out every two months, as prescribed by law, but after more than four months.
“The Constitutional Court notes that the failure of the court to act in accordance with the legal deadlines when controlling custody does not fall under the category of irregularity, that is, an omission that can be corrected later. In this particular case, an unjustified delay of over two months does not meet the requirement of “promptness”. The Constitutional Court, therefore, concludes that in relation to the obligation of periodic judicial control (audit) of the appellant’s detention, there is a violation of the rights from the European Convention”. it is stated in the decision.
Mišković’s appeal was rejected in the remaining part, and the Constitutional Court of Bosnia and Herzegovina concluded that his rights to a fair trial and the right to the presumption of innocence were not violated.
(WORLD)