AVAZ FINDS OUT

"Memić" case: B&H Constitutional Court rejects new appeal of Alisa Mutap's father

In a new appeal filed on May 5th, Zijad Mutap's lawyers pointed out that Mutap's right to a procedure was violated by not submitting evidence in relation to a well-founded suspicion

Mutap: He remains in custody. Avaz

M. Aščić

On June 9, the Constitutional Court of Bosnia and Herzegovina issued a decision rejecting as unfounded the new appeal of Zijad Mutap, the father of Alisa Mutap, a suspect in the "Dženan Memić" case, for concealing evidence.

Mutap was arrested before February 2nd and has been in custody since then, at the suggestion of the Prosecutor's Office of Bosnia and Herzegovina, which is conducting an investigation.

His lawyers appealed on May 5th, appealing the court's decision to extend his detention. Earlier, the Constitutional Court rejected the appeal of Mutap's lawyers in mid-May, which was filed on February 18th.

However, in a new appeal filed on May 5th, the lawyers pointed out that Mutap's right to a procedure was violated by not submitting evidence in relation to the grounded suspicion, "which is why his defense was not in the same position with the Prosecution at the hearing on the proposal to extend detention."


Decision of the Constitutional Court of B&H from June 9th this year. Avaz

The Defense pointed out that they were not given access to the evidence on which the regular courts based the finding of reasonable doubt and that a specific statement on the submitted evidence was therefore prevented, which is in violation of Article 5 § 4 of the European Convention.

However, the Constitutional Court concludes that there has been no violation of Article II / 3.d) of the Constitution of Bosnia and Herzegovina and Article 5 paragraph 3 of the European Convention when the Court of B&H found in the proceedings for extension of detention that gave a clear explanation for its conclusion, both in terms of the existence of reasonable suspicion and in terms of the existence of special reasons for ordering detention under Article 132, paragraph 1, item b) and d) CPC B&H.