Association ” Vaša prava BiH” in the past two months filed six appeals to the Constitutional Court of Bosnia-Herzegovina on behalf of asylum seekers whose freedom of movement was seriously restricted.
VP claims that there has been a violation of the right to liberty as enshrined in Article 5 of the European Convention of Human Rights as well as a violations of the right to freedom of movement guaranteed by Article 2 of the 4th Protocol.
According to the practice of the European Court in Strasbourg, detention of asylum seekers could be imposed only if absolutely necessary ( judgement of the Court in Strasbourg: Saadi v. United Kingdom, application no. 13229/03, para. 70 ), while the detention of asylum seekers is considered arbitrary if it can not be justified by the fact that it represents the measure of last resourt when all other, less severe measures are assessed inadequate for the protection of individual or public interests that are sought to be protected by the detention of this person (Rusu v. Austria, Application no. 34082/02, Judgement of 02.10.2008, para. 58).
The time will show whether in these cases asylum seekers were victims of violations of human rights.