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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”;
Considering paragraph 12.1 of the Declaration of the Peace
Implementation Council which met in Madrid on 15 and 16 December 1998, which
made clear that the said Council considered that the establishment of the rule
of law, in which all citizens had confidence, was a prerequisite for a lasting
peace, and for a self-sustaining economy capable of attracting and retaining
international and domestic investors;
Considering further paragraph 3 of Annex II (Rule
of Law and Human Rights) to the last said Declaration, according to which the
establishment of judicial institutions at the State level, which meet an
established constitutional need to deal with criminal offences perpetrated by
public officials of Bosnia and Herzegovina in the course of their duties, and
with administrative and electoral matters, is a precondition for the
establishment of the rule of law inBosnia and
Herzegovina;
Recalling the Declaration of the Peace Implementation Council,
which met in
Brussels
on 23 and
24 May 2000, and the Annex
thereto, pursuant to which the adoption of a Law on a Court of Bosnia and
Herzegovina was envisaged by September 2000;
Bearing in mind the reinvigorated strategy for judicial reform
to strengthen the Rule of Law efforts in Bosnia and Herzegovina in 2002/03 which
was endorsed by the Steering Board of the Peace Implementation Council on 28
February 2002 and noting that the aforementioned strategy was devised in
response to calls by the authorities in Bosnia and Herzegovina for firmer
International Community actions to tackle economic crime, corruption and
problems inherent in the judicial system;
Noting further that the communiqué of the Steering Board of the
Peace Implementation Council issued at Sarajevo on 31 July 2002 stated that the
Board welcomed the creation of Special Chambers of the Court of Bosnia and
endorsed the proposal of the High Representative to include national and
international Judges and Prosecutors in a Special Panel/Department for Organized
Crime, Economic Crime and Corruption in the Court of Bosnia and Herzegovina and
the Prosecutor’s Office of Bosnia and Herzegovina;
Bearing in mind that criminal activities continue to infringe
on the democratic, economic, fiscal, commercial and other social rights and
interests of the citizens of Bosnia and Herzegovina and that the establishment
of Special Panels for Organized Crime, Economic Crime and Corruption within the
aforesaid Court of Bosnia and Herzegovina and of a Special department within the
prosecutor’s Office of Bosnia and Herzegovina will advance the efficient and
effective fight against crime in Bosnia and Herzegovina;
Convinced ofthe vital importance to Bosnia and Herzegovina of
ensuring that the rule of law is strengthened and followed in order to create
the ground for economic growth and foreign investment;
Mindful therefore both of the urgency and of the need to
establish the Special Panels and to strenghten the Special Department for
Organized Crime, Economic Crime and Corruption in the Court of Bosnia and
Herzegovina and the Prosecutor’s Office of Bosnia and Herzegovina, and to
appoint the international judges and prosecutors to the Court of Bosnia and
Herzegovina and to the prosecutor’s office of Bosnia and Herzegovina and for all
the reasons as aforesaid,
The High Representative hereby issues the following
DECISION
On Appointment of an International Judge to the Court of
Bosnia and Herzegovina
1. As provided by Article 65, as amended, of
the Law on Court of Bosnia and Herzegovina “Official Gazette of Bosnia and
Herzegovina”, 29/00, 24/02, 3/03, 37/03, 4/4 (hereinafter: the Law) the
following person is hereby appointed as international judge of the Special
Panels for Organized Crime, Economic Crime and Corruption within both the
Criminal Division and Appellate Division of the Court of Bosnia and
Herzegovina:
STEPHEN D. SWANSON
2. The initial term of appointment of the
International Judge shall be for two years, subject to reappointment pursuant to
the Law. In the event of resignation by or inability of an international judge
or prosecutor to complete his mandate, the High Representative will appoint a
successor to complete the above-mentioned term of office.
3. The appointment made pursuant to this
Decision shall take effect from the date hereof.
4. This Decision shall enter into force
forthwith and shall be published without delay in the Official Gazette of Bosnia
and
Herzegovina
Sarajevo, 5 November
2004
Paddy Ashdown
High Representative
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