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06/07/2019 OHR

Joint Statement of OSCE, OHR, US Embassy, UK Embassy, German Embassy, Embassy of the Netherlands and Embassy of Spain

The undersigned embassies and missions are alarmed following the recent events with regard to the HJPC, in particular its first instance Disciplinary Commission’s decision concerning the alleged misconduct of the President of the HJPC. No one should be above the law. This holds especially true for the members of the judiciary, whose integrity is a prerequisite for upholding the rule of law.

We call on the HJPC and judicial institutions to hold responsible any judicial office holder who is alleged to have committed wrongdoing. Allegations of improper conduct or corruption against the Council members demand complete and thorough investigations.

The law on the HJPC does not provide for impunity. On the contrary, it clearly provides many possibilities by which the President of the HJPC should be held accountable, including by disciplinary proceedings. In fact, the function of President of the HJPC requires even stricter adherence to the ethical principles guiding the conduct of judges and prosecutors, as this individual holds great responsibility in upholding judicial impartiality and independence across the entire country.

Failure to uphold professional standards, effectively imperils the independence of the judiciary.  It also undermines the work of professional and ethical judges and prosecutors who meet these high standards. We encourage the HJPC to fulfill its function under the law and ensure that all members are accountable to the people of BiH.