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Welcoming the signing of the Memorandum of Understanding on the Regulation
of Legal Assistance between the Institutions of the Federation of Bosnia and
Herzegovina and the Republika Srpska on 20 May 1998, by the Ministers of
Justice of the Federation of Bosnia and Herzegovina and the Republika Srpska,
Acknowledging the importance of immediate implementation of the
above-mentioned Memorandum of Understanding,
Noting that further and enhanced cooperation on legal matters between the
Entities is necessary to ensure full implementation of the fundamental
freedoms and human rights set forth in the Constitution of Bosnia and
Herzegovina,
Underlining its readiness to take all efforts to improve the quality of
criminal, administrative and civil proceedings for the sake of all citizens
in both entities of Bosnia and Herzegovina,
Agrees on the following immediate steps to be taken by no later than 30 June
1998:
- The Laws on Legal Practice of the Republika Srpska and the Federation
of Bosnia and Herzegovina must include a provision, which reads: " A lawyer
who is registered with any Bar Association in Bosnia and Herzegovina is
eligible to exercise his/her duties on the entire territory of Bosnia and
Herzegovina without any limitation or further requirement".
- The Entities must pass legislation regarding the recognition of
public documents, which shall stipulate that public documents of the
Entities, particularly those issued between April 1992 and December 1995,
are mutually recognized, provided they carry insignia officially recognized
under currently applicable law in both Entities.
- The above-mentioned Memorandum of Understanding shall be supplemented
in a way, that decisions rendered by a court of one Entity may be recognized
by the other Entity.
- Moreover, the Memorandum of Understanding shall be supplemented in a
way, that ensures that judges, prosecutors, lawyers and witnesses cannot be
criminally prosecuted or detained during the conduct of an official out-of
court act such as a reenactments at-the-scene, which needs to be carried out
in the other Entity.
- The next meeting of the Commission is to take place on 29 June
1998,16.00 in the premises of the Office of the High Representative in
Sarajevo.
Joint Press Statement, 5 June 1998
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