Unconstitutional curfew, mask requirement in BiH's FBiH entity remain in force

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The measures the Crisis Headquarters in Bosnia’s semi-autonomous Federation (FBiH) entity introduced, which include a curfew and a mandatory mask-wearing, remain in force although BiH’s Constitutional Court said they were unconstitutional, the FBiH Health Ministry said on Wednesday.

On Tuesday, Bosnia’s Constitutional Court said that these measures are not in line with the Constitution and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Namely, they violate the right to privacy and freedom of movement.

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However, the Court emphasized that the problem is that there was no active participation in the adoption and review of the ordered measures by the highest legislative and executive bodies.

The decision is a result of two appeals regarding decisions by the crisis headquarters of FBiH and Canton Sarajevo to introduce curfews and make masks mandatory, lawyer Nina Kisic told N1 on Tuesday.

The FBiH Health Ministry said that it has not received the decision of the Constitutional Court and would not comment on it, but said that it will analyze it and take the necessary steps to implement the court decision.

“We note that the orders of the Crisis Staff / Headquarters of the Federal Ministry of Health on restricted movement in the period from 11 pm to 5 am and mandatory wearing of protective masks, as well as other prescribed measures, are still in force,” the Ministry said.

The institution said that the Crisis Headquarters adopts measures based on the epidemiological situation every 14 days in order to protect the health of citizens and reduce the risk of virus spreading, “and we remind you that by adhering to personal protection measures we protect our health, the health of our loved ones and the health of all of us.”