Withdrawal of appeal or application

According to Article 16, paragraph 4, item 3 of the applicable Rules of the BiH Constitutional Court, an appeal is inadmissible if the appellant has withdrawn his/her appeal (similar to Article VIII.3(a) of Annex 6). Unlike the Constitutional Court, which rejects the appeal as inadmissible, the Human Rights Chamber and the Human Rights Commission within the BiH Constitutional Court terminate the proceedings. From the procedural and technical point of view, it would be correct to terminate the proceedings, since if the appeal is withdrawn, it does not exist anymore and the proceedings cannot be conducted either. Cases to which item 3 has been applied are first of all those in which the appellants “understood” that they were not the victims of an alleged violation of human rights and freedoms, but that a third persons was.³¹³¹ The second frequent group of cases includes those in which the appellants reached settlements during the proceedings,³¹³² and the third frequent group includes the cases in which the appellants have simply failed to allege the reasons for withdrawal.³¹³³