THE PROSECUTOR’S OFFICE OF BIH AND THE COURT OF BIH CONTINUE TO WORK ON ESTABLISHMENT OF THE RULE OF LAW

Following the adoption of recommendations at the recent meeting of the structural dialogue on judicial reform and concerning the numerous media-related reactions to the structural dialogue meeting and the role and position of the Court and the Prosecutor’s Office of BiH, the President of the Court - Meddžida Kreso and the Chief Prosecutor of the Prosecutor’s Office of BiH - Goran Salihović issue the following joint

PRESS RELEASE

Leaders of judicial institutions of Bosnia and Herzegovina have, during the structural dialogue meeting and prior to the release of the recommendations, indicated the harmfulness of certain solutions proposed in the draft laws that are subject to structural dialogue and that are being imposed by certain political structures. These amendments are not good for the rule of law and the European integration process and are not acceptable as such.

Article 7 of the Law on the Court of BiH can not be amended only defined more precisely, this article is not viewed as a problem by judges or prosecutors - only by politicians. Certain solutions also leave room for inappropriate interference of the executive and legislative authorities on the Court’s performance, which is contrary to standards of an independent judiciary.

Chief Prosecutor and the President of the Court of BiH are again warning that the proposal relating to the Law on HJPC BiH represents a serious attack on the independence of the judiciary because it is unacceptable that executive and legislative authorities appoint judges and prosecutors.

Proposals relating to the Law on Salaries of the Judicial Function Holders are also not good, as the possible adoption of such a proposal would jeopardize the system that was built and which guarantees independence of the judiciary.

The conclusion is that the goal of all these proposed solutions is to put the state judiciary under the control of the executive and legislative branches of authority.

The Prosecutor’s Office and the Court of BiH will continue to insist on high judicial standards that are applied in the European Union. Independent judiciary represents the third pillar of authority in developed democracies and there is no reason not to persist on the same in BiH.

We highly appreciate the support of the international community on our path to preserve an independent judiciary as well as the support of all law enforcement agencies with whom we work to establish the rule of law in our country. Our response to political pressures is the same as always – being professional at work, determining the truth and enforcing the law.

Sincerely,

       Goran Salihović                                                                      Meddžida Kreso

Chief Prosecutor of the Prosecutor’s Office of BiH                        President of the Court of BiH