OSCE meeting in Teslic emphasizes importance of consistent application of double jeopardy principle in war crimes cases

TESLIC, Bosnia and Herzegovina (BiH), 27 April 2016 – The consistent application of the double jeopardy principle in war crimes processing is crucial to preventing serious infringements of the constitutional principles of legal certainty and equality before the law, concluded BiH judges and prosecutors at an OSCE-organized peer-to-peer meeting today in Teslic.

The discussion gathered more than 20 judges of the BiH Court, Republika Srpska and Federation of BiH Supreme Courts, district and cantonal courts and Brcko District Basic and Appellate Court, as well as the Head of the War Crimes Department of the BiH Prosecutor’s Office and RS and FBiH war crimes prosecutors. The aim was to initiate debate on the application of the double jeopardy principle in war crimes cases and the harmonization of practices before BiH courts.

“The lack of harmonization of court practice and the absence of mechanisms for aligning these practices in war crimes cases has resulted in different courts adopting opposing views on the same legal matters. This situation undermines the constitutional principles of legal certainty and equality before the law,” said Fermin Cordoba, Deputy Head of the Human Dimension Department in the OSCE Mission to BiH. “The Mission provided a forum for practitioners who face these challenging principles daily to exchange legal opinions and search for joint solutions in an area that is one of the biggest priorities for the country.”

Ljiljana Mijovic, a professor at the Law Faculty of Banja Luka and a former judge at the European Court of Human Rights, said: “The substance of the double jeopardy principle is the protection of an individual from legal action for offences for which the person was already adjudicated. The principle was adopted as one of the basic principles in all civilised legal systems including the legal system of BiH. The respect of the principle ensures legal certainty and prevents impunity.”

The OSCE Mission to BiH provides support to the BiH judiciary at all levels, and organized this event to enhance the harmonization of court practices and provide guidance to practitioners in similar future cases.