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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