SMAJIĆ v. BOSNIA AND HERZEGOVINA DECISION 9 instance where, in exceptional cases, such errors may be said to constitute “unfairness” incompatible with Article 6 of the Convention (see Bochan v. Ukraine (no. 2) [GC], no. 22251/08, § 61, ECHR 2015, and Moreira Ferreira v. Portugal (no. 2) [GC], no. 19867/12, § 83, 11 July 2017). 26. Article 6 § 1 of the Convention does not lay down any rules on the admissibility of evidence or the way in which evidence should be assessed, these being primarily matters for regulation by national law and the national courts. Normally, issues such as the weight attached by the national courts to particular items of evidence or to findings or assessments submitted to them for consideration are not for the Court to review. The Court should not act as a fourth-instance body and will therefore not question under Article 6 § 1 the national courts’ assessment, unless their findings can be regarded as arbitrary or manifestly unreasonable (see Bochan, cited above, § 61, and Moreira Ferreira, cited above, § 83). 27. In the present case the Court does not see any factor by which it can be established that the applicant’s right to a fair trial was infringed. The mere fact that the applicant disagreed with the courts’ decisions does not suffice for it to be concluded that the proceedings were not fair. The Court notes that the Constitutional Court, which had jurisdiction to quash the impugned decisions and remit the case for retrial, examined this complaint and rejected it as manifestly ill-founded (see paragraph 11 above). In so doing it held that the lower courts had correctly applied both the procedural and the substantive law and had given well-reasoned and detailed decisions. The Court does not see any reason to depart from these findings. It is satisfied that in the present case the domestic courts’ application of domestic law was neither arbitrary nor manifestly unreasonable. 28. It follows that this complaint is also manifestly ill-founded and must therefore be rejected, in accordance with Article 35 §§ 3 (a) and 4 of the Convention. B. Complaint under Article 10 of the Convention 29. The applicant complained that his conviction for expressing his opinion on a matter of public concern had violated his rights, as guaranteed by Article 10, which reads as follows: “1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of

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