Decision on Appointment of Members of the High Judicial and Prosecutorial Councils.

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 “Facilitate, as the High Representative judges necessary, the resolution of any difficulties arising in connection with civilian implementation”;

Recallingparagraph 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 which “may include actions against persons holding public office or officials…who are found by the High Representative to be in violation of legal commitments made under the Peace Agreement or the terms for its implementation”;

Taking into account the two Decisions of the High Representative issued on 23 May 2002, Amending the Constitution of the Federation of Bosnia and Herzegovina, and Amending the Constitution of the Republika Srpska, wherein the constitutional foundations were enumerated for the creation of the High Judicial and Prosecutorial Council of the Federation of Bosnia and Herzegovina and the High Judicial and Prosecutorial Council of Republika Srspka.

Taking into account furtherthe Law on High Judicial and Prosecutorial Council of Bosnia and Herzegovina (Official Gazette of Bosnia and Herzegovina 15/02, 02 July 2002), the Law on High Judicial and Prosecutorial Council of the Federation of Bosnia and Herzegovina (Official Gazette of the Federation of Bosnia and Herzegovina, 22/02, 05 June 2002), and the Law on High Judicial and Prosecutorial Council of Republika Srpska (Official Gazette of Republika Srpska, 31/02, 10 June 2002), which establish the legal framework for all of the High Judicial and Prosecutorial Councils within Bosnia and Herzegovina and provide for the High Representative to appoint all Council members for the transitional period defined therein.

Recognisingthe need for the assurance that all international and European standards are upheld during the crucial transitional period of the Councils’ existence when the restructuring of the courts and prosecutors offices will take place and a selection of judges and prosecutors to fill the restructured posts will occur.

Recognising furtherthe necessity of independence and impartiality in the work of the Councils in order to achieve the essential purposes underlying the laws and constitutional amendments aforementioned, and the invaluable benefit that would accrue to the people and judicial system of Bosnia and Herzegovina from the utilisation of international expertise during the transitional period.

For the reasons hereinafter set out the High Representative hereby issues the following

DECISION

On Appointment of Members of the High Judicial and Prosecutorial Councils.

1.       As provided for in Article 76 of the Law on the High Judicial and Prosecutorial Council of the Federation of Bosnia and Herzegovina and in Article 76 of the Law on the High Judicial and Prosecutorial Council of the Republika Srpska, the following persons are hereby appointed as members of the Councils established under those laws.

High Judicial and Prosecutorial Council of the Federation of Bosnia and Herzegovina

Mr. Zdenko Eterovic              Judge of the Supreme Court of the Federation of  Bosnia and  Herzegovina

Ms. Alma Tiric                       Deputy Prosecutor of the Federation of Bosnia and Herzegovina

Mr. Davorin Jukic                  Judge of the Cantonal Court Sarajevo

Mr. Izo Tankic                       Cantonal Prosecutor Tuzla

Ms. Danka Vucina                 Attorney, Mostar

Mr. Kasim Begic                    Professor of the Law Faculty in Sarajevo

            High Judicial and Prosecutorial Council of the Republika Srpska

Mr. Stevan Savic                          Judge of the Supreme Court of the Republika Srpska

Ms. Svetlana Maric                      Deputy Basic Public Prosecutor Banja Luka

Ms. Marica Vucetic-Zelenbabic    Judge of the District Court Doboj

Ms. Ranka Mrsic                          Deputy District Public Prosecutor Srpsko Sarajevo

Mr. Milorad Ivosevic                    Attorney, Banja Luka

Mr. Branko Peric                          Journalist, Banja Luka

International Members to Serve on the High Judicial Councils of the Federation of Bosnia and Herzegovina and of the Republika Sprska

Mr. Silvio Bonfigli                     Prosecutor                               Italy

Mr. Christopher Harland           Attorney                                  Canada

Mr. Carlos Lobo                      Judge                                       Portugal

Ms. Susanne Moeller                Judge                                       Finland

Mr. Jan Erik Oja                       Judge                                       Sweden

Ms. Sylvie Pantz                        Judge                                       France

Mr. John Peyton                        Prosecutor                               United States

Dr. Axel Schwarz                      Attorney                                   Germany

     2.   As provided for in Article 66 of the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina the following persons are hereby appointed as members of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina in respect of the transitional period until 31 December 2003.

Mr. Branko Morait                   Judge of Court of Bosnia and Herzegovina

Mr. Venceslav Ilic                     Judge of Court of Bosnia and Herzegovina

Mr. Mirza Jusufovic                  Judge of the Appellate Court of Brcko District

Mr. Zekerija Mujkanovic          Public Prosecutor of Brcko District

Ms. Ljiljana Mijovic                  Assistant Professor of the Law Faculty in Banja Luka

3. The persons appointed to the High Judicial and Prosecutorial Council of Bosnia and Herzegovina under Article 2 hereof shall serve on that Council with the members of the Entity High Judicial and Prosecutorial Councils appointed under Article 1 hereof.
4. As provided for in Article 66 of the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, in Article 76 of the Law on the High Judicial and Prosecutorial Council of the Federation of Bosnia and Herzegovina, and in Article 76 of the Law on the High Judicial and Prosecutorial Council of the Republika Srpska, the following international members of the High Judicial and Prosecutorial Councils are hereby designated and appointed as President and Vice President of each of the three Councils.

Mr. Jan Erik Oja                       President

Mr. John Peyton                        Vice President 

5. All the appointments under this Decision shall take effect from the date hereof.
6. This Decision shall enter into force forthwith and shall be published without delay in the Official Gazette of Bosnia and Herzegovina, in the Official Gazette of the Federation of Bosnia and Herzegovina, in the Official Gazette of Republika Srpska and in the official Gazette of the Brcko District of Bosnia and Herzegovina.