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In the exercise of the powers vested
in me 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 Article II 2. and Article II 3. (e) of the Constitution of
Bosnia and Herzegovina which provide that all persons within the territory of
Bosnia and Herzegovina shall enjoy the human rights and fundamental freedoms set
forth in the European Convention for the Protection of Human Rights and
Fundamental Freedoms and its Protocols including "the right to a fair hearing in
… criminal matters, and other rights relating to criminal proceedings";
Considering that rights to liberty and
to due process in the criminal justice system, reflected in the provisions of
the aforementioned Convention and the International Covenant on Civil and
Political Rights require that pre-trial custody should only be ordered where
necessary on the basis of a judicial discretion;
I hereby issue the following
DECISION
On the Law Amending the Code of Criminal Procedure of Republika
Srpska
Article 1
In Article 191 of the Code on Criminal Procedure (" SFRY
Official Gazette No. 4/77, 14/85, 74/87, 57/89, 3/90, 27/90 and Official Gazette
of Republika Srpska No. 26/93, 14/94 and 6/97) Paragraph 1 shall be deleted.
Previous Paragraph 2 et seq becomes Paragraph 1 et seq.
Article 2
This Law shall enter into force immediately and shall be
published without delay in the Official Gazette of Republika Srpska.
Sarajevo, 08 November 2001
Wolfgang Petritsch
High Representative
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