
02 October 2009 The House of Peoples of the Parliament of Bosnia and Herzegovina has failed to adopt changes to the Law on the State Court and its Prosecution, by which the mandate of international personnel working with those institutions would have been extended.
Representatives of the State Court and Prosecution expressed disappointment over the decision and warned that it could have a negative impact on the functioning of the Court and Prosecution.
"Members of the Parliamentary Assembly of Bosnia and Herzegovina have demonstrated that, when making their decision, they did not take into consideration the professional proposals and expert opinions of members of judicial institutions of Bosnia and Herzegovina, thus bringing into question the efficient work of those institutions," a joint announcement issued by the Court President and Chief Prosecutor reads.
As per the exit strategy drawn up by the State Court, international personnel were due to stay in Bosnia and Herzegovina until the end of 2009, when local authorities would take full responsibility for judicial institutions.
By the changes to the Law, the mandate of international judges working with second-instance chambers with the State Court and prosecutors working with the War Crimes Chamber would have been extended. Some State Court and Prosecution representatives made proposals for extension of mandates of international personnel working with all sections at all levels.
Delegates from Republika Srpska objected to any extension of the mandates of international personnel.
As per the latest decision, international judges and prosecutors will have to leave Bosnia and Herzegovina by December 31, 2009, unless the Office of the High Representative orders adoption of the amendments in the meantime.
In mid-September the Legal Constitutional Commission of the House of Representatives of the State Parliament gave its consent to the proposed changes to the Law, by which the mandate of international personnel was to be extended by two more years.
See related:
Decision Close on Bosnia's International Judges and Prosecutors
The Million Dollar Question
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An OSCE report on Witness Protection and Support in War-Crimes Cases says, among other things, that Bosnia and Herzegovina has neither improved the position of victims and witnesses nor has it won their confidence in criminal proceedings and war-crimes cases.
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