24feb05

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Decisions in the Field of Judicial Reform
Decision on Appointment of an International Judge to Section I for War
Crimes of the Criminal and Appellate Divisions of the Court of BiH.

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Office of the High Representative
HR`s Decisions
Monday, February 28, 2005

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”;

Considering paragraph 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;

Noting that the communiqué of the Steering Board of the Peace Implementation Council issued at Sarajevo on 26 September 2003 stated that the Board took note of the 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 further that the Steering Board of the Peace Implementation Council on April 1, 2004 tasked the High Representative to engage with the BiH authorities in discussion to decide on the legal process aiming at establishing a Domestic War Crimes Registry […] with a view to having the first war crimes processed in January 2005;

Recalling the Agreement between the High Representative for Bosnia and Herzegovina and Bosnia and Herzegovina on the Establishment of the Registry for Section I for War Crimes and Section II for Organized Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina signed by the Presidency of Bosnia and Herzegovina and the High Representative on December 1, 2004;

Bearing in mind the relevant provisions of the Law on Court of Bosnia and Herzegovina (“Official Gazette of Bosnia and Herzegovina”, 29/00, 24/02, 3/03, 42/03, 37/03, 9/04, 4/04, 35/04, and 61/04 hereinafter: the Law) providing for a number of international judges to be appointed to the Section I for War Crimes of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina;

Convinced that, although the accountability for the gross violations of human rights that took place during the conflict is of concern to all humanity, it ultimately remains the responsibility of the people of Bosnia and Herzegovina themselves and that the Registry for Section I for War Crimes and Section II for Organized Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina will provide, with the funds available, both the necessary physical infrastructure and the legal and administrative assistance to ensure that the Court of Bosnia and Herzegovina and the Prosecutor’s Office of Bosnia and Herzegovina is able to meet the standards required by the international community;

Mindful therefore both of the urgency and of the need to establish Section I for War Crimes in the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes in the Prosecutor’s Office of Bosnia and Herzegovina, and to appoint the international judges to Section I and for all the reasons as aforesaid;

Noting the Joint Recommendation for Appointment of International Judges of 11 January 2005 signed by the Registrar of the Registry for Section I for War Crimes and Section II for Organized Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia, Chief Prosecutor of Bosnia and Herzegovina and President of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina,

The High Representative hereby issues the following

Decision

On Appointment of an International Judge to Section I for War Crimes of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina

1. As provided by Article 65 paragraph 4, as amended, of the Law on Court of Bosnia and Herzegovina (“Official Gazette of Bosnia and Herzegovina”, 29/00, 24/02, 3/03, 42/03, 37/03, 9/04, 4/04, 35/04, and 61/04 hereinafter: the Law) the following person is hereby appointed as international judge of Section I for War Crimes of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina:

Jose Ricardo de Prada Solaesa

2. The initial term of appointment of the appointed International Judge shall be for two years, subject to reappointment pursuant to the Law. The International Judge is required to reside in Bosnia in Herzegovina during the term of his appointment and cannot perform any other function that is incompatible with the judicial service or that can impede his performance of the judicial function on a full time basis. To the extent applicable, all other requirements for judicial service as set forth in the Law shall apply to this appointment.

3. The International Registrar of the Registry for Section I for War Crimes and Section II for Organized Crime, Economic Crime and Corruption of the Criminal and Appellate Divisions of the Court of Bosnia and Herzegovina and the Special Department for War Crimes and the Special Department for Organized Crime, Economic Crime and Corruption of the Prosecutor’s Office of Bosnia and Herzegovina shall notify the High Representative of any occurrence, including the ones as referred to in Paragraph 2 of this Decision, that may cause the inability of the appointed International Judge to perform his mandate. In the event of resignation by or inability of the International Judge to complete his mandate, the High Representative will appoint a successor to complete the above-mentioned term of office.

4. During the term of appointment, the appointee shall complete all training programs as directed by the President of the Court of Bosnia and Herzegovina, and adhere to all professional conduct standards as established by the Court of Bosnia and Herzegovina.

5. The appointed International Judge shall perform the duty of judge in accordance with the Constitution of Bosnia and Herzegovina and laws of Bosnia and Herzegovina, take decisions upon his best knowledge, conscientiously, responsibly and impartially to uphold the rule of law, and shall protect the freedoms and rights of individuals granted by the Constitution of Bosnia and Herzegovina and the European Convention on Human Rights and Fundamental Freedoms. Before taking up his official function, which occurs no later than 21 March 2005, the International Judge shall take a solemn declaration before the President of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina to that effect.

6. This Decision shall enter into force forthwith and shall be published without delay in the Official Gazette of Bosnia and Herzegovina.

Sarajevo, 24 February 2005
Paddy Ashdown
High Representative

DH en España

Este documento ha sido publicado el 10Apr05 por el Equipo Nizkor y Derechos Human Rights