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An Appeal to the BiH CM to revoke its decision on restriction of movement

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The association "Vaša prava BiH" - "Your Rights" (Association) has addressed the BiH Council of Ministers with an appeal asking the Council to revoke its Decision on Restriction of Movement of Foreigners in Bosnia and Herzegovina of 16.04.2020. prohibiting the foreigners without valid identification documents proving their identity, foreigners lacking any legal ground to stay in BiH, the foreigners with valid certificate of expressed intent to seek asylum or those who had already applied for asylum in BiH, to move and stay out of reception centers (camps) where they are currently placed.

By the said appeal, among other things, the Association warned the Council that by prohibiting the listed groups of foreigners to stay out of camps their rights guarantied by Article 5 (Right to liberty and security) and Article 14 (Prohibition of discrimination) of the European Convention o Human Rights will be heavily violated. Namely, and as it derives from the Convention, the competent authorities have failed to support the Decision with evidence proving that the restriction of movement of the foreigners presents the most urgent measure required by the situation caused by the pandemic of virus COVID-29 and that the less restrictive measures were  considered. In addition, the Decision makes an unnecessary discrimination by putting the foreigners in less favor position inn comparison with the BiH citizens without any reliable evidence that the imposed restriction would contribute to sustain the further spreed of the disease among the BiH population. Bearing in mind the current situation in the reception centers indicating its overcrowdedness, the Association also warns the Council that the listed decision placing the foreigners at higher risk of infection since they will not be able to keep the physical distance between each other recommended by the WHO.

Finally, the Association introduced the Council with the fact that if it decide to keep the Decision on power, BiH would be at great risk to be declared responsible by the European Court of Human Rights for the violation of the rights falling within the scope of protection of Article 5 and Article 14 of the Convention.

The official version of letter is available at the following link http://vasaprava.org/?p=3124  .