Judicial and Prosecutorial Appointments - Monitoring Findings 2016-2020
The appointment of judges and prosecutors is one of the HJPC BiH’s key competences. Based on the monitoring of the work of HJPC BiH, the Mission compiled these monitoring findings on judicial and prosecutorial appointments. They present key statistical data and trends based on the monitoring of judicial and prosecutorial appointments across BiH. Mission data, gathered through such monitoring, highlight inconsistent and inefficient practices in the appointment of judges and prosecutors in BiH, which may lead to the appointment of lesser-qualified candidates.
The Institution of Additional Judges as a Potential Threat to Judicial Independence in Bosnia and Herzegovina
Through regular and systematic monitoring of judicial institutions, the OSCE Mission to Bosnia and Herzegovina (Mission) has observed that the practice of appointing so-called additional judges in Bosnia and Herzegovina (BiH) raises serious concerns about impartiality, judicial independence, efficiency, and fairness.
Independence of the Judiciary: Undue Pressure on BiH Judicial Institutions
Under the Dayton Agreement, the OSCE is mandated to closely monitor the human rights
situation in Bosnia and Herzegovina (BiH). As part of this mandate, the OSCE Mission to
Bosnia and Herzegovina (“OSCE BiH” or “the Mission”) has also monitored criminal
proceedings before all courts in BiH since 2004. The Mission has paid particular attention to
the issue of the independence and impartiality of the judiciary, these being absolute
prerequisites to the rule of law and a fundamental guarantee of a fair trial.