News in English     | 31.05.2019. 18:13 |

Berton: OSCE Mission has no mandate to elect or dismiss members of HJPC BiH

FENA Hana Imamović

SARAJEVO, May 31 (FENA) - The OSCE Mission to Bosnia and Herzegovina has no mandate to elect or dismiss members of the High Judicial and Prosecutorial Council of BiH (HJPC) or otherwise perform duties within the legal competences of the Council, said in a statement to FENA Head of the OSCE Mission to Bosnia and Herzegovina, Bruce Berton, after Our Party requested resignation of pf the HJPC members, and from the OSCE to appoint a provisional HJPC administration.

Berton recalled that the General Framework Agreement for Peace in BiH established the Mission as one of the bodies responsible for providing support for ensuring lasting peace in BiH and thus for building a stable, secure and democratic state.

“As for the judiciary, the key responsibilities of the OSCE Mission are to support the development of an efficient, responsible and inclusive justice sector in BiH, in line with international standards,” added Berton.

This Mission support often comes in the form of monitoring of institutions, reporting on detected findings, and presenting these findings to the most responsible authorities, which are required to carry out all necessary reforms, but Berton also notes that this also means that the Mission is sometimes critical in assessing the institutions when it has genuine concerns.

In this context, two days ago, the Mission sent a letter to the HJPC, together with the Delegation of the European Union to BiH and the Embassy of the United States of America in BiH, in which they pointed out to the worrying phenomena in the implementation of judicial reform.

“Also, some inconsistencies were noted in the process of appointing judges and prosecutors, which ultimately affect the institution's accountability, as well as the efficiency of the justice system as a whole.

The HJPC as the body responsible for appointing judges and prosecutors, but also for the creation, evaluation and dissemination of judicial policies in BiH, must be a driving force behind the judicial reform and must ensure the highest level of professionalism, transparency and accountability,” emphasized Berton.

Head of the OSCE Mission to BiH also stressed that, taking into account that the HJPC is a completely independent body without higher-level executive supervision, members and institutions should act and be seen to act in accordance with the highest ethical standards.

“The BiH High Judicial and Prosecutorial Council should be a reliable, transparent and independent institution that functions as a guardian and protector of the rule of law in BiH,” concluded Berton.

(FENA) S. R.

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