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.