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In the exercise of the powers
vested in the High Representative by Article V of Annex 10 (Agreement on
Civilian Implementation of the Peace Settlement) to the General Framework
Agreement for Peace in Bosnia and Herzegovina, according to which the High
Representative is the final authority in theatre regarding interpretation of the
said Agreement on the Civilian Implementation of the Peace Settlement; and
considering in particular Article II.1. (d) of the last said Agreement,
according to the terms of which the High Representative shall “Facilitate, as
the High Representative judges necessary, the resolution of any difficulties
arising in connection with civilian implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace
Implementation Conference held in Bonn on 9 and 10 December 1997, in which the
Peace Implementation Council welcomed the High Representative’s intention to use
his final authority in theatre regarding interpretation of the Agreement on the
Civilian Implementation of the Peace Settlement in order to facilitate the
resolution of any difficulties as aforesaid “by making binding decisions, as he
judges necessary” on certain issues including (under sub-paragraph c thereof)
measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities;
Taking into account the two
Decisions of the High Representative issued on 23 May 2002, Amending the
Constitution of the Federation of Bosnia and Herzegovina (Official Gazette of
the Federation of Bosnia and Herzegovina 22/02, 05 June 2002), and Amending the
Constitution of the Republika Srpska (Official Gazette of Republika Srpska
31/02, 10 June 2002), wherein the constitutional foundations were laid for the
creation of the High Judicial and Prosecutorial Council of the Federation of
Bosnia and Herzegovina and the High Judicial and Prosecutorial Council of
Republika Srspka;
Further taking into account the Law on theHigh Judicial and
Prosecutorial Council of Bosnia and Herzegovina (Official Gazette of Bosnia and
Herzegovina 15/02, 02 July 2002), the Law on the High Judicial and Prosecutorial
Council of the Federation of Bosnia and Herzegovina (Official Gazette of the
Federation of Bosnia and Herzegovina, 22/02, 05 June 2002), and the Law on the
High Judicial and Prosecutorial Council of Republika Srpska (Official Gazette of
Republika Srpska, 31/02, 10 June 2002), which establish the legal framework for
all of the High Judicial and Prosecutorial Councils within Bosnia and
Herzegovina and provide for the High Representative to appoint all Council
members for the transitional period defined therein;
Recognising the need for international and European standards
to beupheld during the crucial transitional period of the Councils’ existence
when the restructuring of the courts and prosecutors offices will take place and
a selection of judges and prosecutors to fill the restructured posts will
occur;
Recognising further the necessity of independence and
impartiality in the work of the Councils in order to achieve the essential
purposes underlying the laws and constitutional amendments aforementioned, and
the invaluable benefit that would accrue to the people and judicial system of
Bosnia and Herzegovina from the utilisation of international expertise during
the transitional period;
Bearing in mind the provisions of Article 66 of the Law on the
High Judicial and Prosecutorial Council of Bosnia and Herzegovina, of
Article 76 of the Law on the High Judicial and Prosecutorial Council of the
Federation of Bosnia and Herzegovina and of Article 76 of the Law on the High
Judicial and Prosecutorial Council of the
RepublikaSrpska;
Recallingthe Decision of the High
Representative dated 06 August 2002 on Appointment of Members of the High
Judicial and Prosecutorial Councils (Official Gazette of Bosnia and Herzegovina
24/02, 29 August 2002, Official Gazette of the Federation Bosnia and Herzegovina
43/02, 04 September 2002 and Official Gazette of Republika Srpska 55/02, 04
September 2002), and conscious of the fact that one international member, Mr.
Carlos Alberto Gameiro de Campos Lobo, Judge, Portugal, appointed at that time
has been unable to take up his duties and has resigned.
Pursuant to the totality of the matters herein before set out
the High Representative hereby issues the following
DECISION
On Appointment of a New Member of the High Judicial and
Prosecutorial Councils of Bosnia and Herzegovina, of the Federation of Bosnia
and Herzegovina and of the Republika Srpska.
1. Mr. Carlos Jorge Martins
Ribeiro, Judge, Portugal
is hereby appointed from the date hereof as an international member to serve
on the High Judicial and Prosecutorial Councils of the Federation of Bosnia and
Herzegovina and of the Republika Sprska, and of the High Judicial and
Prosecutorial Council of Bosnia and Herzegovina.
2. This Decision shall enter into
force forthwith and shall be published without delay in the Official Gazette of
Bosnia and Herzegovina, in the Official Gazette of the Federation of Bosnia and
Herzegovina, in the Official Gazette of Republika Srpska, and in the official
Gazette of the Brcko District of Bosnia and Herzegovina.
Sarajevo, 6 December 2002
Paddy Ashdown
High Representative
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