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OSCE Mission issues report on new criminal procedure code of Bosnian and Herzegovina courts
SARAJEVO 17 December 2004
SARAJEVO, 17 December 2004 - A report on the implementation of the new criminal procedure code in the courts of Bosnia and Herzegovina (BiH) was presented today by the OSCE Mission to Bosnia and Herzegovina.
Prepared by a specialized team of twenty-four OSCE court monitors, it will serve as a tool for courts and institutions to assess judicial practices and enhance effective and fair administration of criminal justice. The monitors were trained by the OSCE Mission and monitored over 1000 criminal hearings in thirty-eight courts throughout BiH from January to August 2004.
"Through this monitoring we have found that the courts, prosecutors and defence attorneys have made substantial progress in implementing the new codes," said Elmira Bayrasli, Spokesperson for the OSCE Mission to Bosnia and Herzegovina. "Specifically, the practice of the courts is different than it was before: positive and measurable steps forward have been made."
As part of a comprehensive reform of the BiH criminal justice system, major changes to the criminal procedure code were made in 2003. New procedures were introduced for criminal investigations and trials, as well as procedures to make criminal justice more efficient, such as plea bargaining. The changes enhance fair trial standards protected by the European Convention of Human Rights.
They also re-define institutional responsibilities and introduce a new system of trial that borrowed many procedures from adversarial criminal systems. Hence, new roles and skills needed to be developed and institutional capacities needed to be strengthened, both of which take time to achieve uniform and consistent application.
Among the positive findings the report notes that the vast majority (over ninety percent) of judges demonstrated a high level of professionalism, controlling the courtroom to ensure the dignity of the court. In addition, plea bargain practices are widespread and have resulted in much greater court efficiency, with such cases being resolved in an average of seventy days from indictment. A significant majority of defendants have access to legal representations by either a private or a court appointed attorney.
"As would be expected there are also areas where attention and improvement is needed," said Thomas Chaseman, OSCE Legal Adviser. "Delays, and acceptance of delays are still a problem, better case management and planning is needed since almost one quarter of all scheduled hearings are postponed. In addition, there is also reluctance in many courts to appoint attorneys to indigent defendants, a right that is protected by the codes."
The report notes that domestic legal institutions have the competence and responsibility for reviewing laws, proposing amendments, professional training, and administrative oversight of the courts. Two of the most important of these institutions are the Criminal Code Implementation and Assessment Team, which is a committee of experts established under the Ministry of Justice of BiH and the Judicial, and Prosecutorial Training Centres. Both of these institutions are actively involved with the types of issues addressed in the report and will play central roles in the future of criminal law reform.
Prepared by a specialized team of twenty-four OSCE court monitors, it will serve as a tool for courts and institutions to assess judicial practices and enhance effective and fair administration of criminal justice. The monitors were trained by the OSCE Mission and monitored over 1000 criminal hearings in thirty-eight courts throughout BiH from January to August 2004.
"Through this monitoring we have found that the courts, prosecutors and defence attorneys have made substantial progress in implementing the new codes," said Elmira Bayrasli, Spokesperson for the OSCE Mission to Bosnia and Herzegovina. "Specifically, the practice of the courts is different than it was before: positive and measurable steps forward have been made."
As part of a comprehensive reform of the BiH criminal justice system, major changes to the criminal procedure code were made in 2003. New procedures were introduced for criminal investigations and trials, as well as procedures to make criminal justice more efficient, such as plea bargaining. The changes enhance fair trial standards protected by the European Convention of Human Rights.
They also re-define institutional responsibilities and introduce a new system of trial that borrowed many procedures from adversarial criminal systems. Hence, new roles and skills needed to be developed and institutional capacities needed to be strengthened, both of which take time to achieve uniform and consistent application.
Among the positive findings the report notes that the vast majority (over ninety percent) of judges demonstrated a high level of professionalism, controlling the courtroom to ensure the dignity of the court. In addition, plea bargain practices are widespread and have resulted in much greater court efficiency, with such cases being resolved in an average of seventy days from indictment. A significant majority of defendants have access to legal representations by either a private or a court appointed attorney.
"As would be expected there are also areas where attention and improvement is needed," said Thomas Chaseman, OSCE Legal Adviser. "Delays, and acceptance of delays are still a problem, better case management and planning is needed since almost one quarter of all scheduled hearings are postponed. In addition, there is also reluctance in many courts to appoint attorneys to indigent defendants, a right that is protected by the codes."
The report notes that domestic legal institutions have the competence and responsibility for reviewing laws, proposing amendments, professional training, and administrative oversight of the courts. Two of the most important of these institutions are the Criminal Code Implementation and Assessment Team, which is a committee of experts established under the Ministry of Justice of BiH and the Judicial, and Prosecutorial Training Centres. Both of these institutions are actively involved with the types of issues addressed in the report and will play central roles in the future of criminal law reform.