In the exercise of the powers vested in the High Representative 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 “[F]acilitate, 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”;
Recalling furtherparagraph 12.1 of the Declaration of the Peace Implementation Council which met in Madrid on 15 and 16 December 1998, which made clear that the said Council considered that the establishment of the rule of law, in which all citizens had confidence, was a prerequisite for a lasting peace, and for a self-sustaining economy capable of attracting and retaining international and domestic investors;
Bearing in mind the reinvigorated strategy for judicial reform to strengthen the Rule of Law efforts in
Recalling theUN Security Council Resolution 1503 (2003) and the statement of 23 July 2002 made by the President of the Security Council (S/
Notingthe Security Council’s statement that the above-mentioned Completion Strategy shall in no way alter the obligation of countries to investigate those accused whose cases would not be tried by the ICTY and take appropriate action with respect to indictment and prosecution, while bearing in mind the primacy of the ICTY over national courts;
Noting alsothat the strengthening of national judicial systems is crucially important to the rule of law in general and to the implementation of the ICTY Completion Strategy in particular;
Noting further that, in its communiqué issued after its meeting in Sarajevo on 26 September 2003, the Steering Board of the Peace Implementation Council took note of UN Security Council Resolution 1503, which, inter alia, called on the International Community to support the work of the High Representative in setting up the war crimes chamber;
Noting the progress made in developing the capacity of the Special Section for War Crimes of the Court of Bosnia and Herzegovina and the Special Department for War Crimes of the Prosecutor’s Office of Bosnia and Herzegovina;
Further noting that such capacity has sometimes been undermined by the non-recognition of the legal specificities associated to the transfer of cases from the ICTY;
Conscious, in particular, that certain provisions of the domestic legislation applicable to the cases transferred to
Deploring, however, that the changes to legislation necessary to facilitate the prosecution and adjudication of the cases transferred from the ICTY have not been given the attention it requires by the authorities in
Being especially seized of the urgency to amend such provisions;
Having considered and borne in mind all these matters,
The High Representative hereby issues the following
DECISION
Enacting the Law on Amendments to the Criminal Procedure Code of
(Official Gazette of
The Law which follows and which forms an integral part of this Decision shall enter into force as provided for in Article 5 thereof on an interim basis, until such time as the Parliamentary Assembly of Bosnia and Herzegovina adopts this Law in due form, without amendment and with no conditions attached.
This Decision shall come into effect forthwith.
This Decision shall be published in the “Official Gazette of
Law on amendments to the criminal procedure code of
Article 1
(Amendment to Article 135)
(1) In Article 135 (Duration of Custody) of the Criminal Procedure Code of Bosnia and
“(4) Exceptionally and in an extraordinarily complex case concerning a criminal offense for which a long-term imprisonment is prescribed, custody may again be extended for no longer than three (3) months after the extension of the custody referred to in Paragraph 3 of this Article. Such an extension may occur twice consecutively, following a substantiated motion of the Prosecutor for each extension, which needs to contain the statement of the Collegium of the Prosecutor’s Office about the necessary measures that have to be undertaken in order to complete the investigation (Article 225, Paragraph 3). An appeal against the decision of the Panel on the custody extension shall be decided by the Appellate Division Panel. An appeal does not stay the execution of the decision.”
(2) In the current Paragraph (4) of Article 135 of the Code, which shall become Paragraph (5), the words “Paragraph 1 through 3” shall be replaced by the words “Paragraph 1 through 4”.
Article 2
(Amendment to Article 137)
(1) Paragraph (2) of Article 137 (Custody after the Confirmation of the Indictment) of the Code shall be amended to read:
“After the confirmation of an indictment and before the first instance verdict is pronounced, the custody may not last longer than:
a) one year in the case of a criminal offense for which a punishment of imprisonment for a term up to five years is prescribed;
b) one year and six months in the case of a criminal offense for which a punishment of imprisonment for a term up to ten years is prescribed;
c) two years in the case of a criminal offense for which a punishment of imprisonment for a term exceeding ten years may be imposed, but not the long-term imprisonment;
d) three years in the case of a criminal offense for which a punishment of long-term imprisonment is prescribed.
(2) After Paragraph (2) of Article 137 of the Code, a new Paragraph (3) shall be added, which shall read:
“(3) If, during the period referred to in Paragraph 2 of this Article, no first instance verdict is pronounced, the custody shall be terminated and the accused released.”
(3) The current Paragraphs (3) and (4) of Article 137 of the Code shall become Paragraphs (4) and (5).
Article 3
(Amendment to Article 185)
(1) After Paragraph (4) of Article 185 (Types of Costs) of the Code, a new Paragraph (5) shall be added to read:
“(5) Upon request of the defense attorney, remuneration for appointed defense attorney may be paid during the course of the proceedings at regular intervals to be determined by the Court, taking into consideration the facts and circumstances of each case. In exceptional circumstances, the Court may also order an advance payment to be made prior to expenses being incurred.”
(2) Current Paragraph (5) of Article 185 of the Code shall become paragraph (6).
Article 4
(Application of this Law)
This Law shall apply to all cases falling within the competence of the Court of Bosnia and Herzegovina in which the final verdict has not been rendered before the date of entry into force of this Law.
Article 5
(Entry into Force of this Law)
This Law shall enter into force on a day after its publication in the “Official Gazette of Bosnia and