INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
V JUDICIARY AND ADMINISTRATION
Article 6 of the European Convention for the Protection of Human Rights and Fundamental
Freedoms - the right to a fair trial reads: In the determination of his civil rights and obligations or
of any criminal charge against him, everyone is entitled to a fair and public hearing within a
reasonable time by an independent and impartial tribunal established by law...
The position of the European Court of Human Rights in Strasbourg is that the States Parties to the
European Convention on Human Rights are obliged to organize legal systems that will ensure
compliance with Article 6 of the Convention (conducting proceedings in civil matters and criminal
charges, before courts and other state bodies, without unjustified delay and to be completed within
a reasonable time).
The right to a fair trial, in addition to the right to a trial within a reasonable time, includes the right
to the unimpeded access to justice, the right to legal aid, the right to legal certainty, the right to
procedural equality and the right to a clearly and fully reasoned decision. Therefore, the principle
of the rule of law in modern legal systems also implies the obligation of States Parties to the
Convention to provide an effective system of guarantees and respect for rights in court
proceedings, which ultimately leads to the timely implementation of justice.
European Court of Human Rights held that the “reasonableness” of the length of proceedings must
be assessed in the light of the circumstances of the case and with reference to the following criteria:
the complexity of the case, the conduct of the applicant and of the relevant authorities and what
was at stake for the applicant in the dispute 123.
By prescribing the above standards, through the legal framework, the legal basis for the protection
and exercise of rights before domestic courts is provided, with the direct application of the case
law of the European Court, when deciding on the violation of the right to a trial within a reasonable
time.
In that context, on 14 November 2019 the Government of the Republika Srpska prepared a Draft
Law on Protection of the Right to Trial within a Reasonable Time, which governs the right to a
trial within a reasonable time and the protection of this right, as well as the right to a fair
satisfaction in case of violation of this right that can be realized in the court. The right of the party
to monetary compensation and compensation for property damage due to a violation of the right
to a trial within a reasonable time is also prescribed. Every party to court proceedings who
considers that the court has not decided within a reasonable time on their right or obligation,
suspicion or charge of a criminal offense is entitled to the protection of the right to a trial within a
reasonable time and the right and the duration of a reasonable time are determined in accordance
with the jurisprudence of the European Court of Human Rights in Strasbourg. The draft prescribes
the possibility of publishing of a judgment which finds that the procedure and decision-making on
the court's website is unjustifiably delayed, which makes these procedures more transparent,
enables fair satisfaction of the party, and increases citizens' trust in fair judicial protection. It
123
Frydlender v. France [Grand Chamber], 27 June 2000, paragraph 43
38
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents