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In Bosnia And Herzegovina Covid Certificates Are Now Unconstitutional

Ivan Vilibor Sinčić, a non-attached (no political affiliation) Member of EU Parliament and activist from Croatia, says:

“I want to share … a positive story from Bosnia and Herzegovina (BiH) [often known informally as Bosnia].

The Constitutional Court of BiH declared the obligation to wear masks and restriction of free movement unconstitutional, we also have new rulings. …

On February 23rd 2022 … BiH issued a decision … declaring the COVID certificate unconstitutional and declaring mandatory vaccination unconstitutional. …

The Court even criticised the Parliament [for] violations of the rule of law and democracy in the country. … those who disobey this decision should be prosecuted under criminal law and sentenced for 6 months to 5 years.

This is a victory against segregation and discrimination and … example of the protection of human and constitutional rights the whole of Europe can learn from.”

143rd session of the Grand Chamber

The Constitutional Court of Bosnia and Herzegovina has held today by electronic means, the 143rd ordinary session of the Grand Chamber of the Constitutional Court of Bosnia and Herzegovina.

Of decisions it adopted today, the Constitutional Court has singled out the following:

AP 2125/20 – The Constitutional Court held that there was a violation of the appellant’s right to freedom of movement. The violation was found as the relocation of the appellant, as the asylum seeker, to the camp „Lipa“ by the police officers, does not meet the requirement of „legality“. This was found as there were no legal grounds for such action present in the cantonal and federal regulations at the time of the relocation of the appellant and lodging of the appeal. In addition, there was no legal possibility for issuing measures by the Decision on Restriction of Movement and Temporary Residence of the Foreigners in BiH, as state regulation that was valid in that period, arising from the legal provisions the Council of Ministers of BiH referred to in that Decision.  

AP 3932/21 – The Constitutional Court held that in this present case there was a violation of the appellant’s’ right to „private life“ due to lack of legal grounds for adoption of disputed epidemiological measures that relate to the work of the hospitality and tourism industry (application of the so called „vaccinated, recovered, tested“ rule) on the territory of the Tuzla Canton and mandatory vaccination for certain categories of the population on the territory of the Sarajevo Canton.

AP 4177/21 – The Constitutional Court held that there was a violation of the appellant’s right arising under Article 7 paragraph 1 of the European Convention for the Protection of Human Rights and Fundamental Freedoms as the application of the Criminal Code of RS in the specific case, dismissing the appellant’s request for replacement of prison sentence with a fine, was to the appellant’s detriment.

All decisions adopted at today’s session will be delivered to the appellants within one month and posted at the earliest possible date on the website of the Constitutional Court of Bosnia and Herzegovina.

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