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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 paragraph I.2.a. of the Conclusions of the said Bonn
Conference which recognized “that an impartial and independent judiciary” was
“essential to the rule of law and reconciliation within Bosnia and
Herzegovina”;
Considering the Peace Implementation Council Steering Board Communiqué
of 28 February 2002 following its meeting in Brussels which states inter alia
that: “The Steering Board endorses the restructuring of the court system and the
consequent reduction in the number of judges, which will require a selection
process and termination of mandates…..It notes that the proposed strategy has
been devised in response to calls by the authorities in BiH for firmer IC
actions to tackle economic crime, corruption and problems inherent to the
judicial system. The Steering Board insists on the need for measures that will
contribute decisively to building an independent and more efficient judicial
system that enjoys the confidence of the public and enhances the environment for
foreign investment”;
Having considered the foregoing matters, I hereby issue, in the exercise of
the powers granted to me under Article V of Annex 10 aforesaid, the
following
DECISION
On Cessation of Appointments Processes and Extension of Judicial and
Prosecutorial Mandates Pending the Restructuring of the Judicial System in
Bosnia and Herzegovina.
1. From the date of this Decision, any
appointment processes currently underway by the domestic commissions/councils or
pending before an appointing authority or other body shall cease, and no
appointment to a judicial or prosecutorial post is to be made until further
provided by law as a result of restructuring of the judicial and prosecutorial
systems. All relevant provisions of domestic law governing the appointment
of judges and prosecutors, including but not limited to relevant provisions
contained in the Law on the Judicial and Prosecutorial Service of the Federation
of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina 22/00) as
thereafter amended, the Law on Courts and Judicial Service of the Republika
Srpska (Official Gazette of the Republika Srpska 13/00), as thereafter amended,
and the Law on Prosecutorial Service of the Republika Srpska (Official Gazette
of the Republika Srpska 13/00), as thereafter amended, are hereby suspended.
2. All judges and prosecutors currently holding
office, regardless of expiration of mandate, shall continue to perform judicial
and prosecutorial functions in accordance with their mandates, and shall enjoy
all rights under law until further provided by law as a result of restructuring
of the judicial and prosecutorial systems. Judges and prosecutors shall,
however, be subject to mandatory retirement age requirements, shall be permitted
to resign voluntarily, and shall be subject to removal for cause in accordance
with the law.
3. This Decision does not apply to appointments
to the Constitutional Court of Bosnia and Herzegovina, the Constitutional Courts
of the Federation of Bosnia and Herzegovina and the Republika Srpska, the Human
Rights Chamber, to judicial and prosecutorial appointments in the Brcko
District, nor to the nomination process for appointments to the Court of Bosnia
and Herzegovina.
4. This Decision shall enter into force on the
day of its signature and shall be published without delay in the Official
Gazettes of Bosnia and Herzegovina, of the Federation of Bosnia and Herzegovina
and its Cantons, and of the Republika Srpska.
Sarajevo, 04 April
2002
Wolfgang Petritsch
High Representative
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