Election of a judge to the European Court of Human Rights with respect to Bosnia and Herzegovina (2003) CVs of three candidates: Ljiljana Mijovic, Zoran Pajic and Ahmed Zilic

Taken from the page of the Parliamentary Assembly of the Council of Europe
http://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID=10273&lang=EN

Doc. 9914

19 September 2003

Election of a judge to the European Court of Human Rights with respect to Bosnia and Herzegovina

(in accordance with Article 23, paragraph 1, of the European Convention on Human Rights)

Communication from the Committee of Ministers

Letter from the Secretary General of the Council of Europe to the President of the Parliamentary Assembly, dated 17 September 2003

Dear President,

      Pursuant to the decisions of the Ministers’ Deputies of which I enclose a copy, I have the honour to transmit to you the curricula vitae of the candidates for the post of Judge of the European Court of Human Rights in respect of Bosnia and Herzegovina.

...

Signed:

Walter SCHWIMMER

Decisions of Ministers' Deputies

852nd meeting – 17 September 2003

Item 4.2

European Court of Human Rights –
Presentation of candidatures for the election of a judge in respect of Bosnia and Herzegovina
(CM(2003)105)

Decisions

The Deputies

1.       took note of the list of candidates for the election of judges of the European Court of Human Rights, presented in respect of Bosnia and Herzegovina;

2.       agreed to transmit the said list of candidates to the President of the Parliamentary Assembly.

CURRICULUM VITAE

I.       PERSONAL DETAILS:

Ljiljana Mijovic

Female

21 April 1964, Banjaluka

Bosnia and Herzegovina

II.        EDUCATION AND ACADEMIC AND OTRER QUALIFICATIONS

1979-1983       High School, Banjaluka (& A-levels)

1984-1988       Faculty of Law, University of Banjaluka, BA in Law

1993-1997       Postgraduate studies in International Public and Private Law, M.A (M.Sc.),

      Faculty of Law, University in Banjaluka, finished magna cum laude

1999, September        Intensive Summer Course on Human Rights, Raoul Wallenberg Institute,

      Lund, Sweden

2000, July -        Intensive Summer University on EU, Institute for European Studies, Brussels,

      Belgium

2001, September        Legal Clinics Education Visit to USA, South Texas College of Law,

      Houston, USA

2002, June       defended Doctoral Thesis in International Public Law, "Tendencies of the

      International Legal Personality Development”; received the title of D.Sc.

III.        RELEVANT PROFESSIONAL ACTIVITIES

a. Judicial activities

2002- Member of the BiH High Judicial and Prosecutorial Council

b. Non-judicial legal activities

1989-1990        Professional Assistant of the Labour Union in Laktasi

1991-2002       Assistant Professor, Faculty of Law (International Law Department),

University of Banja Luka, 2002 received the title of Professor of International Public Law at the Law Faculty in Banjaluka

1997- 2001       Professor, Police Academy in Banjaluka, International Law Department,

1997- 2001        Administrator, Computer Centre, Faculty of Law, Banjaluka,

1997-        Member of the Yugoslav Red Cross Commission for the International Humanitarian Law

1998-1999        Legal Expert at the USAID Banjaluka Field Office-Department of Legal and Regulatory Reform

1998-1999        Legal Expert at the Independent Bureau for Humanitarian Issues, Banjaluka Field Office

1999-        Director of the Human Rights Centre, University in Banjaluka

2000-        Professor at the European Regional Human Rights Master Studies, Sarajevo-Bologna, teaching on Women's Rights

2002-        Professor at the Human Rights Master Studies - Faculty of Law, Podgorica, Monte Negro, teaching on Women's Rights

c. Non-legal professional activities

2000-        Member of the WUS (World University Service) BiH Steering Board

2000-        Member of NGO "United Women" Steering Board

2001-        Member of the BiH Open Society Fund Executive Board

2002-        Member of the BiH Press Council

IV.        ACTIVITIES AND EXPERIENCE IN THE FIELD OF HUMAN RIGHTS

- Participant at the CoE Seminar "Some Aspects of the ECHR', organised by the CoE and Faculty of Law, Banjaluka, 1998;

- Participant at the ICTY Introduction Seminar, organised by the ICTY, Hague, Netherlands, October, 1998;

- Promoter of the ICRC "People on War" Study, 1998;

1999 - Director of the Human Rights Centre, University in Banjaluka

- Participant at the Human Rights Intensive Course, Raoul Wallenberg Institute, Lund, Sweden, September 1999;

2000- Professor at the European Regional Human Rights Master Studies, Sarajevo-Bologna, teaching on Women's Rights

- Co-ordinator of the Tempus Phare "EU-History, Law and Human Rights" Project, organised by the Dipartimento di studi sullo stato, Florence, Italy, 2000-2001;

- Legal Advisor at the "Democracy and Human Rights" NGO's "United Women" Project, supported by the Westminster Foundation, UK, 2000-2001;

- Project of the BiH Open Society Fund "International Support Policies to SEE Countries-Lessons (not) Learned in BiH, Human Rights in BiH", Team Member, 2001;

- Lecturer at the International Summer School "Human Rights and Human Wrongs in SEE", organised by HRC-SEE Network, Milocer, MonteNegro, August 2001;

- Co-director and a lecturer at the International Summer School "Implementation of Human Rights in SEE, organised by the European Training Centre, Graz, Austria and Inter-University Centre Dubrovnik, Dubroynik, October 2001;

- Lecturer at the International Seminar "Human Rights for Future Decision Makers", organised by Balkan Human Rights Network, Dubrovnik,October, 2001;

- Denied Future, "Save the Children", project related to the right to education of the Roma children population in BiH, Team Member, 2001;

- European Training Centre, Graz, Austria, Project "Ethnic Diversity", Team Member, 2000-2002;

- Lecturer at the International Summer School "Human Rights and Human Wrongs in SEE', organised by HRC-SEE Network, Ohrid, “the former Yugoslav Republic of Macedonia”, August, 2002;

2002- Professor at the Human Rights Master Studies, Faculty of Law, Podgorica, MonteNegro, teaching on Women's Rights

- Speaker on the BiH Criminal Law and Criminal Procedure Law-issues related to the Art. 5 of ECHR, Conference organised by the CoE, Sarajevo, December 2002

V.        PUBLIC ACTIVITIES

      a. Public office

2000- Member of the WUS (World University Service) BiH Steering Board

2001- Member of the BiH Open Society Fund Executive Board

2002- Member of the BiH Press Council

      b. Elected posts

2002- Member of the BiH High Judicial and Prosecutorial Council

      c. Posts held in a political party or movement

None

VI.        OTHER ACTIVITIES

2000- Member of NGO "United Women” Steering Board

- Organising of and participating at numerous human and women's rights and civil society related events (courses, seminars, round tables)

VII.        PUBLICATIONS AND OTHER WORKS

- published more than 20 scientific papers (articles, reports, studies), three textbooks (being a co-author), participated in more than 10 international scientific and research projects;

Scientific Articles and Studies:

1.       “International Organisations and (or) State Sovereignty?". Srpska Pravna Misao, Banjaluka,1/95, p.265-2812.

2.       "The International Legal Responsibility of the States", Yearbook, Faculty of Law, Banjaluka, 1998, p.209-211

3.       “International Personality of Belligerents and Rebellions” Znacenja, Matica Republike Srpske, July 20014.

4.       "The Tendencies of the International Legal Personality Development', Srpska pravna misao, Banjaluka, June 2000

5.       Human Rights in BIH, Policies of International Support to SEE Countries-Lessons (not) Learned in Bosnia and Herzegovina, Chapter XIII-Human Rights in BiH, Sarajevo, December 2001 (www.soros.org.ba)

6.       "Women's Rights-Gap between Law and Reality", Human Rights Textbook, Sarajevo, January 2001

7.       'Individual as a Subject of the International Public Law", Zbornik drustveno humanistickih nauka, 2/2002, Banjaluka

8.       "Institutionalizing Ethnic Diversity in (Post-) Conflict Situations" - "Ethnic Diversity - Banjaluka Case Study" and "The Role of NGOs, Religious Institutions and Gender Issues in Reconciliation Processes", European Training Centre, Graz, Austria, 2002, www.peaceproject.at.

VIII.        LANGUAGES

a.        First language
S-B-H (Serbian-Bosnian-Croatian), reading, writing and speaking-very good;
b.        Official languages
English, reading, writing and speaking-very good;
c.        Other languages
German; reading-good

IX.        OTHER RELEVANT INFORMATION

References can be provided

X. CONFIRMATION ON WILLINGNESS TO TAKE UP PERMANENT RESIDENCE IN STRASBOURG

Hereby I confirm that I will take up permanent residence in Strasbourg if elected a judge to the Court.

Banjaluka, 17 March 2003

Dr. Ljiljana Mijovic

CURRICULUM VITAE

I. Personal details

Name, forename:       PAJIC, Zoran

Sex:       Male

Date and place of birth:       22 May 1945, Mostar (Bosnia and Herzegovina)

Nationalities:       Bosnia and Herzegovina & United Kingdom

II. Education and academic and other qualification

Ph.D. in International Law, 1984. University of Sarajevo, Faculty of Law

MA in Psychology of Higher Education Teaching, 1981. University of Sarajevo

LLM in International Law, 1974. University of Sarajevo, Faculty of Law

LLB, 1968. University of Sarajevo, Faculty of Law

III. Relevant professional activities

Office of the High Representative of the International Community in B&H, Sarajevo, from June 2002 to present.

Head of the Legal Reform Department. The position includes assessing national laws, proposing legislation policy and law drafts to the country authorities, according to the mandate of the OHR.

Centre for Defence Studies, King's College London, February 2001 to May 2002.

Senior Research Associate.

DFID, Project on Safety, Security and Access to Justice in the Balkans, May-August 2001,
and April-May 2002.

Consultant. Undertaking fact-finding missions and making analysis of the state of judiciary and public administration in the region, producing reports, drafting recommendations, etc.

Royal Institute of International Affairs (Chatham House), London, October 1998 to March 2001.

Associate Fellow.

International Crisis Group, Office in Bosnia and Herzegovina, Sarajevo, April 1999 to April 2000.

Senior Legal Adviser. Was in charge of the project "Promotion of Justice in Bosnia and Herzegovina", funded by the European Commission.

King's College London, June 1994 to March 1999.

Senior Research Fellow in International Human Rights, School of Law and the British Institute of Human Rights. Undertook teaching of Human Rights Law and research in international human rights. Supervised a pilot project on "Human Rights Teaching in the Former Yugoslavia".

University of Essex, Department of Law and Centre for Human Rights, Colchester, September 1992 to June 1994.

British Council Fellow and Visiting Professor.

University of Sarajevo, Faculty of Law, February 1972 to July 1992.

Professor of Public International Law. Organised and taught undergraduate courses in Public International Law and Human Rights and (from 1988) in Constitutional Law. Organised and taught postgraduate courses. Supervised masters and doctoral dissertations. Served on many Faculty committees, including Acting Director of the Law Library for six years. Elected member of the University Council.

Vrije Universiteit Brussels, Faculteit der Rechtsgeleerdheid, Brussels, February-July 1982.

Visiting Fellow. Undertook research with Professor Bart. De Schutter at the Centre for International Criminal Law.

IV. Activities and experience in the field of human rights

The British Institute of Human Rights, King's College London, 1998 to present.
Member, Board of Governors.

"Human Rights Quarterly", The Johns Hopkins University Press, 1994 to present.
Member, Editorial Review Board.

United Nations International Criminal Tribunal for the Former Yugoslavia in The Hague,
January to July 1997.

Expert Witness for the Prosecution. Prepared an expertise and testified before the court on constitutional issues and laws of Bosnia and Herzegovina.

United Nations Commission on Human Rights, Ad Hoc Group of Experts on Southern Africa, United Nations, Geneva, 1991-1995.

Human Rights Expert. One of the six members, acting in personal capacity, appointed to "carry out various inquiries into allegations of human rights violations in South Africa and report regularly to the Commission on Human Rights and to the General Assembly" (for reference, see Note by the Secretary General, U.N. Doc. A/49/543 of 19 October 1994). Participated in annual missions to Southern Africa, visiting South Africa, Zimbabwe and Botswana. Interviewed victims of apartheid regime, anti-apartheid activists, government officials and political leaders, and NGOs acting in the region. Visited prisons in South Africa and took testimonies from inmates. Worked closely with U.N. High Commissioner for Refugees and International Labour . Drafted annual and interim Reports to the U.N. Commission on Human Rights and biannual Reports to the U.N. General Assembly. For reference, see Final Report: U.N. Doc. E/CN.4/1995/23, 13 January 1995.

International Human Rights Law Group, Washington, D.C., 1996-7.

Project Adviser. This activity resulted in establishing an IHRLG Office in Bosnia and Herzegovina that has been very successful in human rights advocacy.

Yugoslav Association of International Law, 1989-1992.

President.

Executive Council of the International Law Association, London, 1989-1992.

Member.

Yugoslav Forum for Human Rights, 1988-1991. Co-Founder and Vice-Chairman. The Forum was the first NGO for human rights protection in the former Yugoslavia.

V. Public activities

None.

VI. Other activities

Institute of War and Peace Reporting, London, 1994 to present.

Member, Board of Trustees.

University Postgraduate Centre "European Studies", International Consortium of European Universities.

Professor of European Institutions and Member of the Board.

Supplementary Grant Programme for Students from the Former Yugoslavia, Open Society Fund, The George Soros Foundation, London, 1994 to present.

Member, U.K. Committee.

Verona Forum for Peace and Reconciliation in the Former Yugoslavia, European Parliament, 1992-1995.

Member, Steering Committee.

Parliament of the Republic of Bosnia and Herzegovina, Sarajevo, 1990-1992.

Member, Commission for Constitutional Affairs.

Ministry of Foreign Affairs of Yugoslavia, 1987-1990.

Member, Legal Advisory Council.

University of Sarajevo, 1987-1991.

Assistant-Rector, International Relations Programme.

Winter Olympic Games, Sarajevo 1984.

Executive Secretary, The Bob-Sledge Competition.

VII. Publications and other worla

Selected publications

• The Yugoslav Case, in: Minority Rights in Europe: The Scope for a Transitional Regime. Ed. by Hugh Miall. Chatham House Papers, London, 1994.
• Crimes Against Humanity: A Problem of International Responsibility, in: Human Rights in the 21st Century. Ed. by Robert Blackburn and James J. Busuttil. Pinter, London, 1997.
• International Human Rights: Law and Practice in Bosnia and Herzegovina, ed. by Michael O'Flaherty and Gregory Gisvold. N.P. Engel Publishers, 1998.
• A Critical Appraisal of Human Rights Provisions of the Dayton Constitution of Bosnia and Herzegovina, Human Rights Quarterly, Vol. 20, No. 1, February 1998.
• Manual for Minority Rights (all chapters except for the national case review). Centre for Minority Protection, Sarajevo, 1999. This publication is available in the Bosnian language only.
• The Role of Institutions in Peace Building, in: International Support Policies to South-East European Countries: Lessons (not) learned in BiH. Open Society Fund, Sarajevo 2002.

Other recent works

• Edited the publication of Theory and Practice of the European Convention on Human Rights, by Van Dijk & Van Hoof, in the Bosnian language. Open Society Fund, Sarajevo, 2001.
• Edited the publication of the Amnesty International Fair Trial Manual in the Bosnian language. OSCE Mission in B&H, Sarajevo, 2001.

VIII. Languages

Language	Reading	Writing	Speaking
	VG G F	VG G F	VG G F
a. First language
- Bosnian	X	X	X
(veuillez préciser)
b. Official languages
- English	X	X	X
- French	X	X	X
c. Other languages
- Croatian	X	X	X
- Serbian	X	X	X
………………………

IX Other relevant information

Teaching activities, for the past 20 years, have included following courses and seminars:

• Democratic Transitions and Human Rights (University of Bologna);
• Prosecuting War Crimes (Department of War Studies, King's College London);
• Public International Law (London Centre for International Relations, University of Kent; University of Sarajevo);
• European Institutions (Tempus sponsored Post-Graduate Course in "European Studies" at Sarajevo University, with partnership of LSE and University of Bologna);
• Human Rights in the New Europe (Department of Law, University of Essex);
• International Human Rights (Department of Law, University of Essex; Faculty of Law, University of Sarajevo; Department of Legal Studies, Central European University, Budapest);
• Politics of Wider Europe (Centre for European Studies, University of Essex);
• Human Rights Law (School of Law, King's College London);
• International Law of Armed Conflict (Faculty of Law, University of Liverpool; Department of Law, University of Essex);
• Constitutional Law (University of Sarajevo).

X. Confirmation

I hereby confirm that I will take up permanent residence in Strasbourg if elected a judge of the European Court of Human Rights.

**

Contact information

Mailing address:

Office of the High Representative (OHR)

Emerika Bluma 1

Sarajevo, Bosnia and Herzegovina

Telephone: 00387.33 283-773

Fax: 00387.33 283-437

E-mail: zoran.pajic@ohr.int

CURRICULUM VITAE

Ahmed Žilić

I       Personal details

Name, Forename       Ahmed Žilić

Sex       Male

Date and place of birth       9 March 1956. Visoko, Bosnia and Herzegovina

Nationality       B&H

Married in 1998 to Aida Žilić, Judge; Daughter Emina (1998).

Contact information

Address       …Ph

Phone       …Fa

Fax       + 387 33 20 79 20

Personal e-mail       azilic@epn.ba

II       Education and academic and other qualifications

- Education

1986       Qualified as Attorney

1985       Sarajevo University, Faculty of Law

- Academic

1998,1999,2000       Course of advocacy training for Minority Rights, Budapest

Summer 1998       The Hague Academy of International Law (Public International

      Law)

Summer 1996       The Hague Academy of International Law (Private International

      Law)

III       Relevant professional activities

a. Judicial activities

Not applicable

b. Non-judicial legal activities

2002 - Present        Membership of the Advisory Committee on the Framework Convention for the protection of national minorities of the Council of Europe (18 Members from. 45 Countries) for Minority Rights.

2000 - Present        Legal Adviser to Inter Religious Council of Bosnia and Herzegovina (consists of religious leaders of different religious communities and churches in Bosnia and Herzegovina: Islamic Community in B&H. Serbian Orthodox Church, Catholic Church (Franciscan Monasteries) Jewish Community in B&H.

2000 - Present        Attorney to UNITIC Sarajevo (joint venture company with KCIC, subsidiary of Kuwait Investment Authority, the largest foreign investor in Sarajevo Canton / Bosnia and Herzegovina) covering the full spectrum of the company’s legal affairs.

2000 - Present        Attorney of: BAYER GmbH, KPMG, American Chamber of Commerce in Bosnia and Herzegovina, World Bank – Programs in Bosnia and Herzegovina.

1998       Author of the study: The Court of Bosnia and Herzegovina

      (the first instance of this kind in Dayton's Bosnia and Herzegovina)

1997 - 2000       Adviser on International Law (Humanitarian Law, Human Rights, succession etc.) to the Council of Ministries of Bosnia and Herzegovina and to its ministries

1997 - 2000       Legal draftsman of laws for Bosnia and Herzegovina – State level laws: Law on Freedom of Religion and the legal Position of Churches and Religious Communities in Bosnia and Herzegovina; Law on Y2K; Law on Implementation of Human Rights Treaties in Bosnia and Herzegovina (draft / study)

1996 - Present       Legal Adviser to World Conference on Religion and Peace

1993       Legal Adviser of Bosnia and Herzegovina delegation at International Conference on the former Yugoslavia in Geneva, Swiss.

1989 - 1990       Legal Attorney and Adviser to the editorial of political weekly magazines: Nasi dani, Valter, Vox and Slobodna Bosna i Hercegovina

1989       Called to Bar

1985 - 1986,

1989 - 1992,

1996 - Present        Practicing Attorney

1985 - 1986,

1989 - Present        Member of Bar Association

c. Non- legal professional activities

1990 - 1991       Director and contributor of weekly magazine Bosanski pogledi

      (Bosnian View)

1991 - 1992       Director and contributor to weekly magazines: Slobodna Bosna

      i Hercegovina (Free Bosnia and Herzegovina)

1985 - 1989       Occasional contributor to Sarajevo magazines Preporod

      (Revival) official publication of the Islamic Community in

      former Yugoslavia, and Islamska Misao (Islamic Mind)

      (monthly magazines).

IV       Activities and experience in the field of human rights

1999 - Present       Member of the Advisory Committee of the Human Rights

      Center, Sarajevo

November 1997       Faculty of Law at Sarajevo University - Guest Lecturer on

      Human Rights and International Rights

1996       Professor at International Human Rights Summer School

      in Croatia

1994 - 1996       Legal Adviser to Croatian Helsinki Committee for Human

      Rights

Lecturer / participant at various seminars on international law / human rights in Budapest, Vienna, New York, Munich, Graz, Strasbourg, Sofia, Zagreb, Sarajevo, Banja Luka, TuzIa, Mostar ....

V       Public activities

a. Public office

Not applicable

b. Elected posts

Not applicable

c. Posts held in a political party or movement

Not applicable

VI       Other activities

November 1997       Lecturer / participant at Interfaith Foundation in Amman,

      Jordan / London, UK

1997       Lecturer at the Calamus Foundation (with Dr Noel Malcolm)

VII       Publications and other works

Published books and studies:

1)       Bosna i Hercegovina: Kodeks Ijudskih prava / Bosnia and Herzegovina: Human Rights Code, Slavonski Brod, 1996;

2)       Dayton v. Attorneys, with S. Risaluddin, Sarajevo, 1997;

3)        Freedom of Religion in Bosnia and Herzegovina. / Sloboda religije u. Bosni i Hercegovini, New York / Sarajevo, 1998, editor and author of introduction Ahmed Žilić (book / brochures published in English, Bosnian, Croatian and Serbian languages);

4)       Occupancy Rights between International Law and National Law in Dayton Bosnia and Herzegovina, Sarajevo, 2000 (book / study, English language);

5)       European Judaism 98/1: religious Pluralism in Bosnia - Five Centuries of Convivencia, Five Years of Conflict;

6)       Constituent Peoples and / or Minorities in Dayton Bosnia and Herzegovina, Sarajevo,1999;

7)        Participant in drawing up Advisory Opinion for the Framework Convention on the Protection of the Rights of National Minorities of the Council of Europe (Russian Federation, Republic of Slovenia, Norway, Sweden, Switzerland, Lithuania, Albania ... ) 2002 - 2003;

8)       The case of the ZVORNIK SEVEN, with S. Risaluddin, London 1998.

VIII       Language

Mother tongue is Bosnian

Official languages:

      Reading       Spoken       Written

French       F       F       -

English       VG       VG       VG

Other languages:

Russian       VG       G       VG

German       G       G       F

IX       Other relevant information:

X

I am confirming that I will take up permanent residence in Strasbourg if elected a judge to the Court.

Signed on each page

(signature)

INTERNATIONAL FORUM Dialogue of courts - a tool for the harmonisation of judicial practice (concept paper, agenda and participants) Sarajevo, June, 2016

Harmonisation of judicial practice is an emerging issue which importance is being recognised at different levels throughout Europe. The uneven application of national legal norms and standards of the European Court of Human Rights (ECtHR) results in a lack of legal certainty and thus the unpredictability of the outcome of a dispute.

In separate countries, the problem was recognised as an obstacle to an efficient functioning of the judiciary (see, for example, Opinion on Legal Certainty and the Independence of the Judiciary in Bosnia and Herzegovina, CDL-AD(2012)014-e).

While the issue of incompatible legal norms within one legal order is clearly a seen as a problem which potentially leads to human rights violations, and numerous ECtHR judgments point out the necessity to bring legal acts in conformity with each other, and with the ECHR, little has been said as regards judicial practice.

The problem is even more sensitive since it involves the issue of judicial independence, when any attempt to “harmonise” the application of laws by a judge can be seen as an inappropriate interference with his or her actions.

Many countries use certain mechanisms in order to bring to coherence judicial practice at a national level. These vary from region to region; their form often depends on local legal traditions, and may include advisory opinions issued by high courts, distribution of case law through modern databases, special roles given to legal departments of higher courts. The effectiveness of those mechanisms also varies. The Council of Europe has contributed to the search for better models through its co-operation programmes. In the framework of projects implemented by the Human Rights National Implementation Division of the Directorate General of Human Rights and Rule of Law, working models have been suggested in Bosnia and Herzegovina and Serbia. In 2016, it has become the topic of the Annual HELP Conference held in Strasbourg. Discussions have begun in Georgia and Ukraine. Interest in the topic was expressed by the judiciary of other countries.

Judicial dialogue is a key tool for the harmonisation of judicial practice. A dialogue between the ECtHR and national courts is ongoing through the application of European human rights standards in domestic trials. This will be reinforced once Protocol 16 to the ECHR enters into force, and a mechanism of advisory opinions will give this dialogue a new dimension. Similar dialogue between courts at a national level and between high courts of the countries of one region can contribute to a more coherent judicial practice. 

Objectives

The International Forum will aim to review practices of harmonisation of judicial practice applied in different countries, and to see how successful models can be emulated in different jurisdictions. The Forum will be a platform for sharing experience and best practices, searching for optimal models and looking for elements of harmonisation that can be equally applied in any jurisdiction.

The following key problems will be at the centre of the discussion:

1. National approaches on harmonisation of judicial practice: effective models and their applicability in different legal orders
2. Harmonisation of national judicial practice and the case law of the ECtHR: the role of dissemination and systematisation of data.
3. A special independent “harmonisation body” at a national level: a feasible model or utopia?
4. The Council of Europe’s contribution to the harmonisation of judicial practice.

In addition, the Forum will serve as a starting point for the creation of an informal network of co-operation between the highest judicial instances of the participating countries for the promotion of best practices with regard to the harmonisation of national practices with the case law of the ECtHR.

Participants

Participants of the Forum will be representatives of the judiciary from the Western Balkans, Ukraine, Georgia, representatives of the Secretariat of the Council of Europe and the Registry of the European Court of Human Rights.

Venue and language

The Forum will be organised by the Council of Europe in co-operation with the High Judicial and Prosecutorial Council of Bosnia and Herzegovina. The working languages will be English and Bosnian/ Croatian/Montenegrin/Serbian with simultaneous interpretation provided.

Odluka ESLJP - Lakhdar BOUMEDIENE, Hadj BOUDELAA, Mustafa AIT IDIR, Mohamed NECHLA, Belkacem BENSAYAH i Saber LAHMAR protiv Bosne i Hercegovine (naturalizovani BiH državljani kojima je oduzeto državljanstvo)

ODLUKA Aplikacije br. 38703/06, 40123/06, 43301/06, 43302/06, 2131/07 i 2141/07, koje su protiv Bosne i Hercegovine podnijeli Lakhdar BOUMEDIENE, Hadj BOUDELAA, Mustafa AIT IDIR, Mohamed NECHLA, Belkacem BENSAYAH i Saber LAHMAR, u periodu između 26. septembra i 21. decembra 2006. godine Evropski sud za ljudska prava (Četvrti odjel), zasjedajući 18. novembra 2008.

EXPERTISE ON THE DRAFT CRIMINAL CODE OF BOSNIA AND HERZEGOVINA by Alberto Cadoppi (July, 2002)

Parma, 30 July 2002

EXPERTISE ON THE

DRAFT CRIMINAL CODE

OF BOSNIA AND HERZEGOVINA

(requested by the Council of Europe)

by

Professor dr. Alberto CADOPPI

Professor of Criminal Law and Comparative Criminal Law

University of Parma, Italy

Summary of the Council of Europe Expert Opinions on the Draft Criminal Code of Bosnia and Herzegovina (PCRED/DGI/EXP (2002) 35) 25 September 2002

Summary

of the Council of Europe Expert Opinions

on the Draft Criminal Code of Bosnia and Herzegovina (PCRED/DGI/EXP (2002) 35)

 

 25 September 2002

(2002) Opinion on the Draft Criminal Procedure Code of Bosnia and Herzegovina by Giuseppe di Gennaro former President of the Criminal Section of the Italian Court of Cassation

Opinion on the Draft Criminal Procedure Code

of Bosnia and Herzegovina

by Giuseppe di Gennaro

former President of the Criminal Section

of the Italian Court of Cassation (2002)

Stav Thomasa Hammarberga o OHR-u, IPTF-u, KFOR-u, UNMIK-u i EULEX-u/ Viewpoint of Thomas Hammarberg on OHR, IPTF, KFOR, UNMIK & EULEX

https://web.archive.org/web/20200701092237/https://www.coe.int/en/web/commissioner/-/international-organisations-acting-as-quasi-governments-should-be-held-accountable

Stav Thomasa Hammarberga iz vremena kada je bio Komesar za ljudska prava Vijeća Evrope (2006-12.). Nakon Hammarberga funkciju Komesara preuzeo je Nils Muižnieks.

The position of Thomas Hammarberg from the time when he was  the Commissioner for Human Rights of the Council of Europe (2006-12). Hammarberg was succeeded by Nils Muižnieks.

"Kada međunarodne organizacije vrše izvršnu i zakonodavnu vlast kao surogat država, njih moraju obavezivati isti mehanizmi uzajamne kontrole koji obavezuju demokratski izabranu vlast. Moguća zloupotreba državne vlasti se u normalnim demokratijama ograničava podjelom vlasti na izvršnu, zakonodavnu i sudsku. Međutim, u slučajevima kada je vlast povjerena međunarodnim organizacijama, događa se da je cijela vlast u rukama samo jedne osobe ili organizacije, koja snosi vrlo nizak stepen odgovornosti za posljedice svojih odluka."Kao posebni primjeri navode se situacije u BiH (IPTF i OHR) i Kosova (UNMIK, KFOR i EULEX)./ "When international organisations exercise executive and legislative control as a surrogate state they must be bound by the same checks and balances as we require from a democratic government. Potential abuse of governmental power is combated in normal democracies by a separation of powers between the executive, the legislative and the judiciary. Where international organisations govern, power is in some instances invested in one person or organisation with too little accountability for the consequences of the decisions taken." The situations from BaH (IPTF and OHR) and Kosovo (UNMIK, KFOR and EULEX) have been used as examples and briefly analyzed. 

International Organisations acting as quasi-governments should be held accountable

[08/06/09] When international organisations exercise executive and legislative control as a surrogate state they must be bound by the same checks and balances as we require from a democratic government. Potential abuse of governmental power is combated in normal democracies by a separation of powers between the executive, the legislative and the judiciary. Where international organisations govern, power is in some instances invested in one person or organisation with too little accountability for the consequences of the decisions taken.
Accountability in terms of a government implies that the decision-making processes are transparent, that there is good access to government information, and that there is participation from civil society and the wider population.
Accountability also entails that there is a means to review and sanction the misconduct of those invested with public powers, such as civil servants and state officials. We require actors to bear the consequences of their actions.
For a number of years, it has been accepted that principles of accountability must apply to United Nations peacekeeping operations and the UN has taken a number of steps to prevent and punish abuse and sexual exploitation in its operations.1
Accountability must also apply when an international organisation acts as a quasi government.2 The UN has been involved in a number of territorial administration missions where it acted or acts as a surrogate government, for example in Namibia, Cambodia, East Timor, Bosnia and Herzegovina and Kosovo.3
In these circumstances, the “international administrations” act both as de facto local public authorities and as an international organisation.
Lack of accountability may undermine public confidence in the international organisation and thereby its moral authority to govern. Such governing promotes a climate of impunity for acts committed by their staff and sets a negative model for domestic governments.
Models of good governance, on the other hand, call for answerability which in turn enhances the credibility of the work of the organisation and acts as a dissuasive to future abuses of power and misconduct. Mechanisms to ensure accountability are still needed when an international organisation is in charge – it is not enough to just rely on their good faith.
The European Union, for example, realised that its own institutions needed a mechanism for complaints. The European Ombudsman, elected by the European Parliament, was set up precisely to deal with complaints from citizens concerning maladministration by EU institutions and bodies. Moreover, the European Court of Justice in Luxembourg is empowered to review claims from the Council of the European Union, the European Commission, the European Parliament and member states regarding the illegality of EU acts. Individuals may also challenge decisions addressed to them.
I have discussed issues related to the accountability of international actors in particular during my visits to Bosnia and Herzegovina and Kosovo.
Thirteen years after the signing of the Dayton Peace Agreement, international organisations are still present in large numbers in Bosnia and Herzegovina. The Office of the High Representative (OHR) in Bosnia and Herzegovina was set to up facilitate the Parties own efforts to implement the Dayton peace agreement. A few years later, the High Representative’s powers were extended to include the ability to remove from office public officials who violate legal commitments and the Dayton Peace Agreement, and to impose laws as he sees fit if Bosnia and Herzegovina’s legislative bodies fail to do so.
I visited Sarajevo in 2006 to discuss complaints made by some 260 police officers from the national police force that had been barred from police service (“decertified”) and stripped of their social and pension rights through a vetting procedure organised by the UN International Police Task Force.4 My concern related to the limited possibility for those individuals to challenge the merits of the Task Force decision and the absence of an appropriate legal remedy.
The Council of Europe’s Venice Commission had proposed that the Security Council set up a special body to review these cases.5 After my visit I called on all parties to find a solution which would give justice to the individuals and enhance the credibility of the international community. Unfortunately, progress to find any suitable solution is still slow.
In Kosovo, UNMIK and KFOR (a NATO-led Kosovo Force) and their personnel, are all immune from any legal process.6The purpose of such a rule is to ensure that international organisations can perform their tasks without interference. Of course, this does not mean that personnel cannot be prosecuted in their home countries, although there are difficulties in ensuring that such prosecutions will be initiated or effective.
Moreover, according to the 2007 admissibility decisions of the European Court of Human Rights in the cases of Behrami7 andSaramati8 the actions of KFOR and UNMIK are attributable to the United Nations, and not to contributing member states. The result being that the Strasbourg Court has no jurisdiction over such complaints.
In 2005 the UN established a Human Rights Advisory Panel in Kosovo as a human rights accountability mechanism. The Panel acts as a quasi-judicial body which is fully independent of UNMIK. However, it has faced a number of difficulties which have hampered its smooth running, including delays in the appointment of its members, lack of sufficient secretariat support, and a question mark over how UNMIK will respond to the Panel’s recommendations. So far, no compensation has yet been paid following an adopted opinion of the Panel.
I think that UNMIK should now look at the legacy of its actions in Kosovo and stand ready to provide compensation and redress for violations of human rights. The new EU Rule of Law Mission (EULEX) which became operational last December must also establish its own accountability mechanism as a priority.
What type(s) of mechanism(s) ensure accountability of international actors?
The creation of an independent human rights court or panel in the country in question is a good option;
Other intra-organisational methods, such as complaints or claims commissions, can work, but the temptation to prevent information from becoming public which could damage the organisation may be too great;
The creation of an Ombudsman’s office with a strong mandate is one way to hold international administration regimes accountable for breaches of authority;
States which contribute personnel to international peacekeeping missions should ensure independent investigations, and full accountability of all those responsible for human rights violations, including through criminal, administrative and disciplinary procedures, where appropriate.
The International Criminal Court (ICC), as a court of last resort, has jurisdiction over crimes against humanity, war crimes and genocide, also when committed by UN peacekeepers;
Reporting obligations at the international level are also a form of accountability;
International organisations sometimes engage outside actors to perform independent assessments of their activities, as where the UN Secretary-General created an independent body to conduct an inquiry into UN conduct during the 1994 Rwandan genocide;
International and local media and NGOs have a key role to play as watch-dogs.
An international accountability deficit is no good for anyone, least of all the local population. No-one, especially an international organisation, is above the law.


Thomas Hammarberg


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Notes:


1. Following a 2004 report, the United Nations Secretary-General initiated wide-ranging reforms covering standards of conduct, investigations, organisational, managerial and command responsibility, and individual disciplinary, financial and criminal accountability. See also UN Security Council Resolution 1820 (2008) in the field of women, peace and security.

2. See the report of the Council of Europe’s Parliamentary Assembly “The State of Human Rights in Europe: the need to eradicate impunity” by Rapporteur Mrs Herta DÄUBLER-GMELIN, 3 June 2009, in particular chapter vii.

3. All reference to Kosovo, whether to the territory, institutions or population, in this text shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

4. Special Mission Report to Bosnia and Herzegovina by Thomas Hammarberg, CommDH(2007)2, 17 January 2007.

5. Opinion on the possible solution to the issue of decertification of police officers in BiH” Opinion no 326/2004.

6. UNMIK/REG/2000/47

7. Behrami and Behrami v France, Application No. 71412/01, admissibility decision of 31 May 2007

8. Saramati v France, Germany and Norway, Application No. 78166/01, admissibility decision of 31 May 2007.

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