|
|
|
Background Currently, prosecutors in the RS have very little authority to supervise police investigations. Quite frequently prosecutors are not informed of police criminal investigation in a timely manner, and often not informed at all. As a result, the investigation files they are provided often limit their ability to obtain an indictment. In addition, the Republic Prosecutor, the highest ranking prosecutor in the RS, is not in a position to fully meet his responsibilities under the Law on Public Prosecution. Due to lack of financial resources, equipment and staff, he is not able to effectively prosecute cases himself nor is he able to effectively supervise the performance of subordinate prosecutors. The enhancement of the Entity prosecutor offices was recognized as a priority in the Madrid Document. Madrid Commitments, Objectives The objective of a short-term strategy is to improve the capacity of the Republic Prosecutor to supervise public prosecution and take over cases from subordinate prosecutors as well as provide an appropriate a check and balance system in criminal investigations by allowing public prosecutors to provide direction in police investigation. The strategy calls for: an increase in the number of prosecutors and support staff in the Prosecutor’s Office (funded through the RS budget); a legislative package clarifying the authority of the prosecutors to direct police investigations (included in Phase I of the RS Criminal Code revision due for enactment early this summer); and a one time funding package to provide the necessary equipment and support for the Republic Prosecutor’s Office and the District and Municipal prosecutors offices which, unlike the Federation, fall under the authority of the Republic Prosecutor. Present situation - progress to date
For OHR email addresses and other contact information, please click the Contacts heading. UNDP: Branislav Popovic, Project Officer, UNDP/UN CICP OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background Criminal investigation and prosecution of many serious crimes in the Federation has been inadequate or completely lacking due to political sympathy, ethnic loyalty, or fear of reprisal. The Federation Constitution designates inter-cantonal crime, terrorism, drug offenses and organized crime as exclusive jurisdiction Federation crimes for which the Federal Prosecutor is responsible and further provides that the Federal Prosecutor can take over cantonal level prosecutions when they are not handled properly. Currently the Office of the Federal Prosecutor lacks the resources to meet its Constitutional and statutory prosecutorial responsibilities. Further, the Federation Prosecutor does not have the authority to direct or supervise investigations by the Federation police. Finally there is no mechanism established for Federation courts to try Federation crimes. The Madrid Document calls for the strengthening of the Entity-level prosecutors and their de-politicization. Madrid Commitments, Objectives OHR and OSCE have developed a short term strategy to enhance and strengthen the effectiveness of the Federation Prosecutor’s Office and to establish a functioning first instance jurisdiction of the Federation Supreme Court. The strategy calls for: an increase in the number of prosecutors and support staff in the Prosecutor’s Office (funded through the Federation budget); a legislative package amending the laws on the Federal Prosecutor and the Federation Supreme Court (which has been completed and presented to the Federation government); and a one time funding package to provide necessary equipment and infra-structure support for the Office. (A separate funding proposal has been prepared for equipment support of cantonal and municipal prosecutor’s offices.) Present situation - progress to date For OHR email addresses and other contact information, please click the Contacts heading. OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background The information upon which this request is based was obtained from the UNMIBH Judicial System Assessment Program (JSAP), which, in connection with its assessment, has visited a number of courts and prosecutor’s offices in BiH. In the Federation the computerization situation varies between Cantons and between prosecutor’s offices within the cantons. Computer access for prosecutor’ offices will greatly enhance the efficiency of the offices by providing them with a modern case management system, direct links to the courts, other prosecutor’s offices and the research available on the Internet. This proposal is designed to provide a minimum number of computers for the Cantonal and municipal prosecutors offices in the Federation, case management software, and initial computer skills training. An international organization will be selected to oversee the project (OSCE has indicated an interest) and determine the actual distribution of computers and arrange training. The Federation has 48 Municipal Prosecutor’s Offices and 11 Cantonal Prosecutor’s Offices. Madrid Commitments, Objectives The objective of this proposal is to fund the initial phase of computerization for cantonal and municipal prosecutors offices by providing basic computer equipment to the offices along with initial training in each canton. Phase two will commence next year (or when funds are available) and will provide inter-connectivity for all the prosecutor’s offices and courts as well as access to the Internet for research purposes. Present situation - progress to date Waiting for funds to equip the offices. For OHR email addresses and other contact information, please click the Contacts heading. UNDP: Christopher A. Fry, Project Officer, UNDP/UN CICP OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background The information upon which this request is based was obtained from the UNMIBH Judicial System Assessment Program (JASP), which, in connection with its assessments, has visited a number of courts and prosecutors offices in BiH. In the Federation the situation varies greatly between Cantons and in each Canton, between Courts. It was noted by UNMIBH JSAP that the computers that were in the courts were beings used as word processors rather than for case management. A uniform case management software program for the Federation will also need to be acquired. Due to the vast differences in the computer competence between the courts of the Federation, the approach of this proposal is to request funds for both software and hardware , as well as funds for computer training in each canton. An international organization will be selected to oversee the project (OSCE has indicated an interest) and determine the actual distribution of computers and arrange the training. The Federation has 48 Municipal Courts and 11 Cantonal Courts. Madrid Commitments, Objectives The objective of this proposal is to fund the initial phase of computerization for Cantonal and Municipal courts in the Federation by providing basic computer support for the Cantonal and Municipal courts, case management software and initial training in each canton. Phase two will commence next year (or when funds are available) and will provide inter-connectivity for all the courts and prosecutors offices as well as access to the Internet for research purposes. Present situation - progress to date Waiting for funds to equip the offices. For OHR email addresses and other contact information, please click the Contacts heading. UNDP: Christopher A. Fry, Project Officer, UNDP/UN CICP OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background The information upon which this request is based was obtained from the UNMIB Judicial System Assessment Program (JSAP), which, in connection with its assessments, has visited a number of courts and prosecutors offices in BiH. In the Republika Srpska there has been a project for the computerization of the courts in Banja Luka. The Government of Japan, through USDP/UNICCP in Vienna has financed the project. To date $140,000 has been expended and 45 computers purchased and installed in the Banja Luka Basic Court, District Court, in the associated prosecutor’s offices as well as the District Prison. Software was purchased in FRY and slightly modified. In the initial stage the system has been used primarily for case management. The second stage, which has just started, will interconnect all system users. An evaluation of the system is about to commence with a view of using the system as a model for other courts. Other than in Banja Luka very few other courts have computers. Computerization of the prosecutors offices is contained in the Funding Proposal for the RS Prosecutors Office. Computerization will allow for better case management and eventual access to the Internet for research and the ability to connect and communicate with other courts and prosecutor’s offices. Madrid Commitments, Objectives The objective of this proposal is to provide basic computer support for the courts in the RS which were not beneficiaries of the UNDP/UNICCP program. It is envisioned that the first phase of this program, which will purchase a minimum of computers and printers for the courts, will be supplemented next year with a second phase, which will ensure the inter-connectivity of all RS courts and prosecutors offices. Present situation - progress to date Waiting for funds to equip the offices. For OHR email addresses and other contact information, please click the Contacts heading. UNDP: Christopher A. Fry, Project Officer, UNDP/UN CICP OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background The laws in Bosnia and Herzegovina have undergone significant changes in the past several years, with the most notably example being the revisions to the Criminal Codes and the Criminal Procedure Codes. The changes have come so rapidly that the judges, prosecutors and attorneys in BiH are not familiar with all of the changes which have occurred, nor are many familiar with the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms or the other Human Rights Agreements made applicable in Annex I of the Constitution of BiH. The fundamental rights of the citizens of BiH will not be properly protected unless the members of the legal community receive initial and continuation training on the international conventions and laws which are now applicable. The current training environment consists of a number of ad hoc programs organized by international organizations. The recognition of the need for an ongoing training program combined with the inherent inefficiencies of the current system, resulted in a concept for the establishment of judicial training centers in each Entity, linked by a joint advisory board. A working group of OHR, Council of Europe, OSCE, UNMIBH, UNCICP/UNDP and American Bar Association/CEELI developed draft legislation. The draft has been submitted to the Federation and RS Ministries of Justice, both of which voiced their support for the project. The draft has been reviewed by Council of Europe legal experts, and a meeting is scheduled in January to agree on the strategy to be presented. Madrid Commitments, Objectives The objective is to establish judicial training centers in each Entity to ensure that an organized, coherent training program is available to all segments of the legal profession. The centers which will sponsor and co-ordinate all legal/judicial training in their respective Entity with inter-Entity co-ordination assured by a joint advisory board with international representation. This project was recognized as a priority in the Madrid Document. Present situation - progress to date The Phase 1 revisions to the Criminal Code and the Criminal Procedure Code became effective in November, 1998 and the Phase 1 revision in the Republika Srpska is nearing completion. For OHR email addresses and other contact information, please click the Contacts heading. CoE: Heike Alefsen, Representative of the Council of Europe Secretariat OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background The OSCE supervised legal aid project (co-founded by OSCE and Council of Europe) gives access to the legal system for those whom otherwise would be excluded from legal services. The project was fully funded by OSCE in 1998, but administered by an independent Benefits Commission in Sarajevo. A person with a legal problem can apply to the Commission together with an attorney of his/her choice to get all legal costs connected with the case covered. During 1998 the Commission served all of Bosnia and Herzegovina, and granted legal aid in more than 5600 cases. Residents in Republika Srpska (RS) could send applications to the Commission via a post box in Pale. In 1998 the Benefits Commission was administratively supervised by OSCE. While the purpose of the Benefits Commission is to serve all of BiH equally, the proportion of Applications from the RS was only 18.4% - disproportional low. This has been identified as problem, not least in view of the less favorable economic situation in the RS and the aim of the Commission to serve all of BiH. Madrid Commitments, Objectives The long-term objective is to have the BiH Government(s) take over responsibility for an established and well-functioning legal aid system. Until then, the international community needs to ensure availability of legal aid in BiH. OSCE will continue to supervise the Benefits Commission during 1999, however, funding for 1999 has been reduced, with the aim to get alternative international funding. In addition a branch of the Benefits Commission should be established in the RS to ensure a more balanced availability of the legal aid. The branch will strengthen the activities of the Benefits Commission in the RS, and will report to the Benefits Commission main office in Sarajevo, which will have financial and administrative responsibility over the branch. The Madrid document calls for improving access to justice by strengthening local law centers and better information about the availability of legal assistance. For OHR email addresses and other contact information, please click the Contacts heading. OSCE: Henrik Stiernblad, Rule of Law Coordinator, Democratization Department OHR: Chip Erdmann, Judicial Reform Coordinator; Funding needs |
|
Additional information, Remarks: The European Commission has received an application from OSCE, on behalf of the Benefits Commission, to fund the remaining sum of ECU 500.000. For reasons of not wanting to risk a shortfall in this important project, it is presented for funding in its entirety in spite of the application to the EC. The funding request for the branch office in the RS is not included in the application to the EC and must be funded independently.
Background The judiciary in both entities of BiH suffers from lack of legal literature. Not all courts have full access to BiH or entity law. The functioning of prosecutor offices is also restrained for the same reason. While the written law is a minimum, other legal literature like applicable international conventions, modern commentaries, legal handbooks, literature on court room techniques etc. would support the development of an independent and strengthened judiciary, effective prosecution and professional attorneys. It is essential for rule of law that not least the approximately 1100 judges in BiH have a minimum of legal literature at hand. Courts and other institutions have insufficient access to information on legal practice of other courts, in particular higher court decisions. Madrid Commitments, Objectives The Madrid PIC called for better public information about legal issues. The objective of this proposal would be to ensure funds so that legal literature can be made available to different legal institutions with strategic importance for the development of rule of law in BiH. These funds would be available to complement other programs. Legal literature is expensive. Some, still useful, legal literature exists for reprint in BiH or former Yugoslavia. Other material either has to be commissioned to be written in BiH, or, if suitable literature exists in another language, has to be purchased, translated to local languages and printed, such as ECHR case law. Another objective would be to sponsor the publishing of a periodical Law Bulletin with important cases from the higher courts, and make it available to courts and other legal institutions. The project would sponsor all costs the first year, with aim to make the Law Bulletin as commercially sustainable as possible the second year. Present situation - progress to date Organizations like the OSCE and others have limited programs for commissioning legal scholars in BiH to produce modern commentaries, and to distribute legal literature. For OHR email addresses and other contact information, please click the Contacts heading. OSCE: Henrik Stiernblad, Rule of Law Coordinator, Democratization Department CoE: Heike Alefsen, Representative of the Council of Europe Secretariat OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background Republika Srpska: The budget for all courts is prepared more or less exclusively by the Ministry of Justice. The funds allocated to particular courts are based on the number of judges and administrative staff working in the court, which in turn is based on the 1991 caseload. When allocating funds, the Ministry of Justice only considers salaries, overheads, and any capital expenditure. Courts have to seek approval for other expenditure. In a number of Court or Public Prosecutor's Offices (PPO) the allocated budget does not even cover basic needs and some officials appear to have resorted to fund-raising from the private sector. Federation: Cantonal and Municipal Courts send their budget requests annually to the Ministry of Justice which proposes a budget to the Ministry of Finance. After approval by the Cantonal Assembly, the Ministry of Justice has the discretion to decide how much of the approved funding to send to a court. The material situation of the courts differs significantly within the Federation. It is a grave danger to both entities that the dependence of the judiciary on political structures for resources compromises their independence. Madrid Commitments, Objectives There is a need for a close investigation of the budgeting system of the Judiciary in both entities. UNMIBH Judicial System Assessment Program (JSAP) can provide substantial support to the project but has no specialists in budgeting. The work should result in proposals to improve and strengthen the budgeting system of the Judiciary in BiH. The Madrid document stressed that the independence of the judiciary is crucial to establishment of the rule of law. Independent budgeting procedures will help ensure that independence Present situation - progress to date This proposal calls for a 4 months study of the judicial budgetary system in both entities. The purpose of the study is to determine the current structure and procedures and recommend the steps necessary to establish an independent judicial budgetary system. For OHR email addresses and other contact information, please click the Contacts heading. UNMIBH Lucie Bendova, Judicial System Officer - UN JSAP OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: In its 1999 budget, there has been some progress in the Republika Srpska as the Government in this entity has recognized the need to compensate judges and increase their salaries. The OHR has been involved in discussions with the RS Ministry of Finance in this regard.
Background Banja Luka University is the leading educational institution in the Republika Srpska ("RS") and its Faculty of Law, established in 1975, is the main law school in the RS. Since its founding, almost 3000 students have graduated from the Law Faculty with a Bachelor of Law degree. The Law Faculty provides over 800 students in the RS with the opportunity for higher study beyond the Bachelors degree, including a Masters of Law and a Doctorate of Law. In a recent initiative, the Law Faculty established its first ever Law Faculty Computer Center. Unfortunately, the equipment is old and outdated. Of the (9) nine computers the Law Faculty currently maintains, only one provides Internet access and windows applications. Additionally the Law Faculty lacks any printers. While this initiative demonstrates the Law Faculty’s desire to provide computer access to their students and professors, they are sadly sparse, outdated and inadequate. Madrid Commitments, Objectives The objective is to update and modernize the equipment of the Law Faculty to allow students and professors access to the wealth of information available on the Internet and to communicate and exchange ideas with other students and professors in the Federation as well as the world at large. This link will enable professors to co-ordinate teaching methods, curriculum and analysis of legal doctrine, which will promote uniformity in legal education throughout Bosnia. Students will be able to participate in e-mail exchanges, joint websites, legal-based newspapers, chat-forums for law students, and even Bosnia-wide electronic law classes. As it stands, the Banja Luka Law faculty remains isolated from the rest of the Bosnia legal education community. It is imperative to foster and encourage some degree of uniformity within legal education. This can only be accomplished by providing the means to connect the Banja Luka Faculty with their colleagues in the Federation. Modern computer technology also provides students and professors with access to information free from state-control. The Internet does not recognize the IEBL thus providing free and open communications. Legal education is vital to any democratic society. A progressive, educated and, most importantly, informed legal community is the only way to effect real legal reform and respect for the rule of law in the years to come. Present situation - progress to date The Law Faculty Computer Center is currently inadequate to meet the needs of the Law Faculty students. Waiting for funds to update the Center. For OHR email addresses and other contact information, please click the Contacts heading. American Bar Association: Stacy de la Torre (Central and Eastern European Law Initiative) OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
Background The administrative legislation concerns the relationship between, on the one hand, the society in a broad sense and, on the other hand, physical and legal persons. Administrative decisions have a significant impact on ordinary people. Furthermore they are crucial for those desiring to start and run a business. Administrative cases are to a wide extent handled by persons specializing in certain technical issues but without legal training. The decision-makers are under political control and influence. Some administrative decisions are non-appealable. The possibilities of arbitrary decisions and discrimination are therefore obvious. Official control of the administration and its decisions in both entities is carried out by the Inspectors of the Administration. Another important fetter on the Administration is maintained by the Ombudsman Institutions. Furthermore, courts in both entities are competent to decide upon the legality of written decisions by administrative bodies in individual matters concerning rights and obligations of the citizens and legal persons. Very few administrative cases are brought to courts through litigation due to lack of awareness, high costs, long delays and also a lack of confidence in the judiciary. Madrid Commitments, Objectives An assessment of the administration, similar to the assessment of the court system assigned to the UNMIBH Judicial System Assessment Program (JSAP), should be carried out in order to find out the needs for changes in the administrative and administrative procedure legislation as well as in its application. The UNMIBH JSAP strategy could serve as a model. The information already obtained by JSAP could be used to this end. The assessment would be concentrated on a number of administrative bodies and focused on a limited number of issues greatly important to physical and legal persons. Present situation - progress to date This proposal calls for a five month study of the administrative procedures in BiH. The purpose of the study is to determine the need for changes in the administrative procedure and administrative legislation in both entities For OHR email addresses and other contact information, please click the Contacts heading. UNMIBH Lucie Bendova, Judicial System Officer - UN JSAP CoE: Heike Alefsen, Representative of the Council of Europe Secretariat OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: The Council of Europe has offered legislative assistance to both Entities
Background The Association of Judges and Prosecutors of the Republika Srpska ("AJPRS"), founded in May 1998 and based in Banja Luka, is an independent, voluntary, non-partisan, professional association dedicated to strengthening the judiciary and the administration of justice in the RS. Membership includes judges and prosecutors from all five judicial districts of the RS. The specific goals of the AJPRS include (1) strengthening judicial and prosecutorial independence; (2) enhancing the professional skills of members through educational seminars, professional conferences, and the creation of a Judicial Training Center as well as visits to European Countries; (3) developing a code of judicial and prosecutorial ethics; (4) strengthening the co-operation and ties with other judicial associations of the region, including with the Association of Judges of the Federation ("AJF"); (5) improving inter-entity judicial co-operation; and (6) generally serving as a collective voice for the interests of the judiciary in the RS. Madrid Commitments, Objectives The objective of a one-year short-term strategy is to improve the capacity of the AJPRS to effectively carry out its program of judicial reform activities and to become the self-sustaining indigenous voice for judicial reform in the RS. The strategy calls for: (a) a series of four professional seminars for members throughout the RS and study visits for members of the AJPRS; (b) hiring a local administrator for the AJPRS’s Banja Luka office; (c) material and operational support for the Banja Luka office (i.e. furniture, office supplies, etc.); and (d) providing a computer and printer to each of the other four judicial districts to allow effective programming and communication throughout the RS. Present situation - progress to date In less than one year since its formation, and despite a lack of financial resources, the AJPRS has already established itself as a strong presence in the RS and as an active voice for judicial reform in the RS. However, while the AJPRS has a new office and one computer, it still lacks vital material resources and operational funds. The office remains unfurnished, there is no office administrator, and there are no operational funds for substantive programming or office expenses. American Bar Association/CEELI is working closely with the AJPRS to provide technical expertise, but financial support for the AJPRS is desperately needed to allow it to effectively advocate for improvements in the RS judiciary. Independence of the judiciary is a Madrid document priority. For OHR email addresses and other contact information, please click the Contacts heading. American Bar Association: Stacy de la Torre (Central and Eastern European Law Initiative) CoE: Heike Alefsen, Representative of the Council of Europe Secretariat OHR: Chip Erdmann, Judicial Reform Coordinator Funding needs |
|
Additional information, Remarks: -
|
|