Human Rights Chamber for Bosnia and Herzegovina
Encyclopedia
The Human Rights Chamber for Bosnia and Herzegovina , which was active between March 1996 and 31 December 2003, was a judicial body established in Bosnia and Herzegovina
within the Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Peace Agreement).
as provided in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and alleged or apparent discrimination arising in the enjoyment of the rights and freedoms provided for in the Convention and 15 other international agreements listed in the Appendix to Annex 6 of the Dayton Peace Agreement. Particular priority was given to allegations of especially severe or systematic violations, as well as those founded on alleged discrimination on prohibited grounds.
, and the Republika Srpska
), and which occurred or continued after entry into force of the Dayton Peace Agreement on 14 December 1995.
and two by the Republika Srpska
. The remaining eight members were internationals appointed by the Committee of Ministers of the Council of Europe
. The President of the Chamber, Ms. Michèle Picard, a French national, was designated by the Committee of Ministers of the Council of Europe
from among the international members. The members appointed are all distinguished lawyer
s and bring to the Chamber a wide variety of experience in different backgrounds including the judiciary
, the academic sphere, private legal practice, administration and politics, and international, criminal and human rights law.
The composition of the Human Rights Chamber was:
(a) whether effective remedies exist, and the applicant has demonstrated that they have been exhausted and that the application has been filed with the Chamber within six months from such date on which the final decision was taken;
(b) whether the application is substantially the same as a matter that the Chamber has already examined;
(c) whether the application is incompatible with the Human Rights Agreement, manifestly ill-founded, or an abuse of the right of petition; and
(d) whether the application concerns a matter currently pending before another international human rights body or another Commission established by the Dayton Peace Agreement.
. Unless the Chamber decides at the outset that an application is inadmissible or should be struck out, written observations are requested from the applicant and respondent Party, after which the Chamber deliberates and decides on a case. In addition to the written procedure, the Chamber may decide to schedule a public hearing for oral argument by the parties and submission of evidence by witnesses and experts. The Chamber may also invite written or oral amicus curiae
submissions. If the Chamber finds a violation, it may, in its written decision on the merits, issue an order indicating the steps that the respondent Party must take to remedy the breach, including orders to cease and desist or grant monetary relief. At any stage of the proceedings, it may also order provisional measures or attempt to facilitate an amicable resolution based on respect for human rights
.
(OSCE) and the Office of the High Representative (OHR
) for monitoring of compliance.
. The Human Rights Commission has jurisdiction to consider pending cases received by the Human Rights Chamber on or before 31 December 2003; after 1 January 2004, new cases alleging human rights violations are to be decided by the Constitutional Court.
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
within the Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina (Dayton Peace Agreement).
Structure
The Chamber had the mandate to consider alleged or apparent violations of human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
as provided in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Protocols thereto, and alleged or apparent discrimination arising in the enjoyment of the rights and freedoms provided for in the Convention and 15 other international agreements listed in the Appendix to Annex 6 of the Dayton Peace Agreement. Particular priority was given to allegations of especially severe or systematic violations, as well as those founded on alleged discrimination on prohibited grounds.
The applicants
The Chamber was receiving applications concerning such human rights violations directly from any Party to Annex 6 of the Dayton Peace Agreement or from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by any Party or acting on behalf of alleged victims who are deceased or missing.Jurisdiction of the Chamber
The Chamber was only receiving applications concerning matters which are within the responsibility of one of the Parties to Annex 6 (the State of Bosnia and Herzegovina, the Federation of Bosnia and HerzegovinaFederation of Bosnia and Herzegovina
The Federation of Bosnia and Herzegovina is one of the two political entities that compose the sovereign country of Bosnia and Herzegovina . The two entities are delineated by the Inter-Entity Boundary Line...
, and the Republika Srpska
Republika Srpska
Republika Srpska is one of two main political entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina...
), and which occurred or continued after entry into force of the Dayton Peace Agreement on 14 December 1995.
The judges of the Chamber
The Chamber was composed of 14 judges. Four members were appointed by the Federation of Bosnia and HerzegovinaFederation of Bosnia and Herzegovina
The Federation of Bosnia and Herzegovina is one of the two political entities that compose the sovereign country of Bosnia and Herzegovina . The two entities are delineated by the Inter-Entity Boundary Line...
and two by the Republika Srpska
Republika Srpska
Republika Srpska is one of two main political entities of Bosnia and Herzegovina, the other being the Federation of Bosnia and Herzegovina...
. The remaining eight members were internationals appointed by the Committee of Ministers of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
. The President of the Chamber, Ms. Michèle Picard, a French national, was designated by the Committee of Ministers of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
from among the international members. The members appointed are all distinguished lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s and bring to the Chamber a wide variety of experience in different backgrounds including the judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
, the academic sphere, private legal practice, administration and politics, and international, criminal and human rights law.
The composition of the Human Rights Chamber was:
- Prof. Dr. Rona Aybay (Turkish)
- Dr. Hasan Balić (Bosnian)
- Mr. Mehmed Deković (Bosnian)
- Prof. Dr. Giovanni Grasso (Italian)
- Mr. Andrew William Grotrian (British)
- Mr. Želimir Juka (Bosnian)
- Prof.Dr. Viktor Masenko-Mavi (Hungarian)
- Mr. Jakob Möller (Icelandic)
- Prof. Dr. Manfred NowakManfred NowakManfred Nowak is an Austrian human rights lawyer.Nowak was a student of Felix Ermacora, and cooperated with him until Ermacora's death in 1995. They co-founded the Ludwig Boltzmann Institut für Menschenrechte in 1992...
(Austrian) - Mr. Miodrag Pajić (Bosnian)
- Ms. Michèle Picard (French)
- Prof. Dr. Vitomir Popović (Bosnian)
- Prof. Dr. Dietrich Rauschning (German)
- Mr. Mato Tadić (Bosnian)
The admissibility criterion
Under the terms of Annex 6 of the Dayton Peace Agreement, when the Chamber receives an application it must decide whether to accept or reject it, taking into account a number of criteria listed in Article VIII. These criteria include:(a) whether effective remedies exist, and the applicant has demonstrated that they have been exhausted and that the application has been filed with the Chamber within six months from such date on which the final decision was taken;
(b) whether the application is substantially the same as a matter that the Chamber has already examined;
(c) whether the application is incompatible with the Human Rights Agreement, manifestly ill-founded, or an abuse of the right of petition; and
(d) whether the application concerns a matter currently pending before another international human rights body or another Commission established by the Dayton Peace Agreement.
The procedure of the Chamber
The Chamber’s procedures was modeled on those of the European Court of Human RightsEuropean Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. Unless the Chamber decides at the outset that an application is inadmissible or should be struck out, written observations are requested from the applicant and respondent Party, after which the Chamber deliberates and decides on a case. In addition to the written procedure, the Chamber may decide to schedule a public hearing for oral argument by the parties and submission of evidence by witnesses and experts. The Chamber may also invite written or oral amicus curiae
Amicus curiae
An amicus curiae is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it...
submissions. If the Chamber finds a violation, it may, in its written decision on the merits, issue an order indicating the steps that the respondent Party must take to remedy the breach, including orders to cease and desist or grant monetary relief. At any stage of the proceedings, it may also order provisional measures or attempt to facilitate an amicable resolution based on respect for human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
.
The implementation of the decisions
The decisions of the Chamber were final and binding and the respondent Parties are obligated to implement them fully. Chamber decisions on the merits are forwarded to the Organization for Security and Co-operation in EuropeOrganization for Security and Co-operation in Europe
The Organization for Security and Co-operation in Europe is the world's largest security-oriented intergovernmental organization. Its mandate includes issues such as arms control, human rights, freedom of the press and fair elections...
(OSCE) and the Office of the High Representative (OHR
Ohr
Ohr is a central Kabbalistic term in the Jewish mystical tradition. The analogy of physical light is used as a way of describing metaphysical Divine emanations...
) for monitoring of compliance.
The expiration of the mandate of the Chamber
According to the Agreement Pursuant to Article XIV of Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina entered into by the Parties on 22 and 25 September 2003, the Human Rights Chamber's mandate expired on 31 December 2003. This Agreement established the Human Rights Commission to operate between 1 January 2004 and 31 December 2004 within the Constitutional Court of Bosnia and HerzegovinaConstitutional Court of Bosnia and Herzegovina
The Constitutional Court of Bosnia and Herzegovina is a special court sui generis, whose main role is to be the interpreter and guardian of the Constitution of Bosnia and Herzegovina, as stated in Article VI, paragraph 3 of the Constitution , and it is considered to be the highest judicial...
. The Human Rights Commission has jurisdiction to consider pending cases received by the Human Rights Chamber on or before 31 December 2003; after 1 January 2004, new cases alleging human rights violations are to be decided by the Constitutional Court.