Mirela Adžajlić Hodžić, Edin Čengić, Ermina Dumanjić, Biljana Janković, Srđan Marković, Tanja Miletić, Đana Podžić
Special Investigative Measures in the practice of Courts in Bosnia Herzegovina is a collection of case-law that illustrate how intrusive methods are used for the collection of evidence in criminal proceedings.
The volume brings an important contribution to improved documentation of local jurisprudence, gathering 45 cases from all BiH jurisdictions, clustered around the seven different types of Special Investigative Measures (SIMs) defined by the BiH Criminal Procedure Codes; besides the brief summary of each case, a commentary highlighting the relevance of each case and key-words are provided.
The collection aims to become a useful resource for justice practitioners, deepening their understanding of challenges and constraints in the use of SIMs, and allowing for a critical analysis of how particular standards and legal principles have been interpreted and applied in judicial reasoning.
The authors are legal assistants supporting the adjudicative work of judges from the five courts of BiH which play an important role in the authorisation and supervision of SIMs: the Constitutional Court of BiH, the Court of BiH, the Supreme Courts of the Federation of BiH and of Republika Srpska, and the Appellate Court of Brčko District.
Developed within the Justice and Security programme in Bosnia Herzegovina, this volume is a follow-up, complementary product to the Benchbook on Special Investigative Measures (SIM), published in December 2020, and synthetizing the legal criteria derived from the jurisprudence of the European Court of Human Rights and the local procedure and practice in the judicial authorization of SIMs.
The publication in English is a short compilation of extracts from the collection. References to pages in the original collection are made for each cited case.