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;

Recalling 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 in Bosnia and Herzegovina;

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 of the 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;

Recalling the Agreement between the High Representative for Bosnia and Herzegovina and Bosnia and Herzegovina on the Establishment of the Registry for Section I for War Crimes and Section II for Organized Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina (hereinafter “the Registry”) signed by the Presidency of Bosnia and Herzegovina and the High Representative on December 1 2004;

Bearing in mind the relevant provisions of the Law on the Prosecutor’s Office of Bosnia and Herzegovina (“Official Gazette of Bosnia and Herzegovina”, 24/02, 3/03, 37/03, 42/03, 9/04, 35/04 and 61/04) providing for a number of international prosecutors to be appointed to the Special Department for Organized Crime, Economic Crime and Corruption within the Prosecutor’s Office of Bosnia and Herzegovina;

Mindful therefore both of the urgency and of the need to establish the Special Panels and 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;

Noting the Joint Recommendation for Appointment of an International Prosecutor of 11 January 2005 signed by the Registrar of the Registry for Section I for War Crimes and Section II for Organized Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia, Chief Prosecutor of Bosnia and Herzegovina and President of the High Judicial and  Prosecutorial Council of Bosnia and Herzegovina,

The High Representative hereby issues the following

DECISION

On Appointment of an International Prosecutor to the Special Department for Organized Crime, Economic Crime and Corruption in the Prosecutor’s Office of Bosnia and Herzegovina

1.      As provided by Article 18 a paragraph 1, as amended, of the Law on the Prosecutor’s Office of Bosnia and Herzegovina (“Official Gazette of Bosnia and Herzegovina”, 24/02, 3/03, 37/03, 42/03, 9/04, 35/04 and 61/04, hereinafter: the Law), the following person is hereby appointed as international prosecutor to the Special Department for Organized Crime, Economic Crime and Corruption within the Prosecutor’s Office of Bosnia and Herzegovina:

Maria Jesus Moya Martinez

2.             The initial term of appointment of the appointed International Prosecutor shall be for two years, subject to reappointment pursuant to the Law. The International Prosecutor is required to reside in Bosnia in Herzegovina during the term of her appointment and cannot perform any other function that is incompatible with the prosecutorial service or that can impede her performance of the prosecutorial function on a full time basis. To the extent applicable, all other requirements for judicial service as set forth in the Law shall apply to this appointment.

3.             The International Register of the Registry for Section I for War Crimes and Section II for Organized Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina shall notify the High Representative of any occurrence, including the ones as referred to in Paragraph 2 of this Decision,  that may cause the inability of the appointed International Prosecutor to perform her mandate. In the event of resignation by or inability of the International Prosecutor to complete her mandate, the High Representative will appoint a successor to complete the above-mentioned term of office.

4.       During the term of appointment, the appointee shall complete all training programs as directed by the Chief Prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina, and adhere to all professional conduct standards as established by the Prosecutor’s Office of Bosnia and Herzegovina.

5.       The appointed International Prosecutor shall perform the duty of prosecutor in accordance with the Constitution of Bosnia and Herzegovina and laws of Bosnia and Herzegovina, take decisions upon her best knowledge, conscientiously, responsibly and impartially to uphold the rule of law, and shall protect the freedoms and rights of individuals granted by the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms. Before taking up her official duties, which must occur no later than 1 March 2005, the International Prosecutor shall take a solemn oath to that effect before the President of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina.

6.     This Decision shall enter into force forthwith and shall be published without delay in the Official Gazette of Bosnia and Herzegovina.