THE NEVERENDING STORY OF AL HUSIN AND BOSNIA AND HERZEGOVINA: FROM EL-MUJAHEDIN TO FREEDOM?

The paper deals with the problem which the authorities of Bosnia and Herzegovina face with regard to foreign combatants who participated in the BH civil war between 1992 and 1995. Many of them stayed in the country after the war, and authorities intend to deport some of them, who represent a threat to national security. One of them is Imad Al Husin, whose case best reflects the abovementioned problem. Since he has a citizenship of Syria, which cannot be considered a safe country regarding the non-refoulement rule, process of deportation is facing difficulties. On the other hand, given the fact that he represents a threat to national security, he has been detained in an immigration centre for years. Since the authorities of Bosnia and Herzegovina cannot find a third safe country, the question arises on the lawfulness of the duration of his detention in the immigration centre. In that context, we analyzed the decision of the European Court of Human Rights and decisions of the Constitutional Court of Bosnia and Herzegovina regarding Imad Al Husin