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OHR Under Mounting Pressure to Act
Sarajevo | 14 December 2009 | BIRN Justice Report
The petition was organised by the Democratisation Council. It was signed, among others, by Christian Schwarz-Schilling, a former High Representative for Bosnia and Herzegovina, and a number of European parliamentarians, including Jelko Kacin from Slovenia.
The text of the petition says this initiative was necessary because some members of the Peace Implementation Council, the states and organisations that oversee the implementation of the Dayton Peace Accord, are not ready to give their consent to issuing a decision extending the mandates of international staff members working in judicial institutions "as they fear Milorad Dodik's reaction".
Dodik, Prime Minister of Republika Srpska, has announced that a referendum might be organised if the mandate of international staff members is extended.
As per the current plans, the mandates are due to expire on 14 December.
Local parliamentarians failed to adopt amendments to the relevant legislation, under which the mandate of judges and prosecutors involved in war-crimes cases was to be extended by two years. Their decision can only be revised if the High Representative uses the so-called Bonn Powers, which enable him to impose laws in Bosnia and Herzegovina.
The petition signatories point out that, unless the mandate of international staff members is extended, numerous investigations and ongoing cases will have to be started from the beginning.
"Moreover, the further existence of the Court of Bosnia and Herzegovina would be brought into question," the petition states.
The signatories also remind the High Representative of the fact that the rule of law in Bosnia and Herzegovina is one of the basic goals of international intervention in the country, adding that the appointment of international experts to deal with war-crimes cases is part of that intervention.
"More than half of the internationals who have worked at the Court, have already left the country in the last year, as they were not sure whether their contracts would be extended," the Petition says, also pointing out that there is no financial framework for continuing the work of the Court without this international assistance.
"In your capacity as the High Representative, you have executive authority and a moral obligation to protect the Dayton Peace Accord and the achievements made in the field of rule of law in Bosnia and Herzegovina,"
the petition reads.
The signatories include, among others, Sonja Biserko, on behalf of the Serbian Helsinki Committee, Darko Brkan of "Dosta", a civic movement from Bosnia and Herzegovina, Dr. Svetlana Broz, Director of GARIWO from Sarajevo, John W. Heffernan, Director of the "Speak Truth To Power'', the Robert F. Kennedy Center for Justice and Human Rights, from Washington, the Helsinki Committee in Bosnia and Herzegovina, Valerie Hughes of the Irish Action for Bosnia and Herzegovina - Dublin, the Center for Human Rights of Bosnia and Herzegovina, Mirsad Tokaca of the Research and Documentation Center of Bosnia and Herzegovina and others.
In addition to this petition, the same call has been made to the High Representative by members of several local NGOs, and Human Rights Watch and Amnesty International. So far the OHR has not publicly responded to these requests.
The State Court and its Prosecution were formed, despite objections by a number of local politicians, by a decision issued by former High Representative Paddy Ashdown.
Justice Report has published a number of articles regarding this issue:
Concern Over Failure to Resolve Issue of International Judges and Prosecutors
Amnesty International Supports International Judicial Personnel in Bosnia and Herzegovina
ICTY: Concern Over Decision by the Parliament of Bosnia and Herzegovina
Lack of Support for International Judicial Personnel
Support for Extension of Mandates of International Judges and Prosecutors
Decision Close on Bosnia’s International Judges and Prosecutors
No Mandate Extension for International Judges and Prosecutors
The Million Dollar Question
Mandate of Foreign Judges and Prosecutors to be Discussed by Parliament
Bosnia Risks ‘Judicial Chaos’ if Foreign Judges Leave
