Ugrožavanje principa objektivne odgovornosti u građanskom pravu u odlukama Ustavnog suda Bosne i Hercegovine za nakandu nematerijalne štete nstale za vrijeme rata u Bosni i Hercegovini

TitleUgrožavanje principa objektivne odgovornosti u građanskom pravu u odlukama Ustavnog suda Bosne i Hercegovine za nakandu nematerijalne štete nstale za vrijeme rata u Bosni i Hercegovini
Publication TypeJournal Article
Year of Publication2016
AuthorsSudžuka, E, Šimić, G
JournalPravna misao
VolumeXLVII
Issue 11-12
Pagination7-27
Date Published12/2016
Type of ArticleScientific review
KeywordsBosnia and Herzegovina., deprivation of liberty, non-pecuniary damages, strict liability, war crimes
Abstract

The paper analyzes the issue of strict liability of state or lower territorial-political units for non-pecuniary damage caused by the unlawful deprivation of liberty.  During the war in Bosnia and Herzegovina the mass unflawful arrests and detention of individuals were conducted in detention centers for long periods of time. During this time, individuals have suffered damage in the form of serious phicisal injury, suffered fear and emotional pain due to injury of reputation and personality. There is a number of final convictions for the most serious crimes issued by a competent courts and such proceedings are still ongoing, but there is no adequate system of protection providing redress and compensation for the victims, which today, twenty years after the war, feel the consequences of unjustified deprivation of liberty in camps in Bosnia and Herzegovina. It brings the question of liability for caused damage, or the question of who has the passive legitimacy in the case of filing a claim for non-pecuniary damage suffered by the victims. It is clear that in accordance with the rules of law of obligations, the general conditions for the existence of liability for damages must be fulfilled, however, what is problematic in such cases in the judicial practice in Bosnia and Herzegovina is whether states or entities may in accordance with the rules of objective liability be hled responsible for damages to individuals