PRESS RELEASE

 Unacceptable Law on the Amendment of the Code Procedure

On February 28th, the National Assembly of Republika Srpska passed the Law on the Amendment of the Code of Procedure, which temporarily halted the enforcement of court decisions regarding material and other damage caused in the period between 1992 and 1996.

In the opinion of the Helsinki Committee for Human Rights in BiH, this decision presents a serious blow to the rule of law in this country. The respect for judicial decisions, by executive and legislative organs equally, is a requirement for the functioning of any legal system, just like the separation of the judicial, legislative, and executive powers is at the foundation of any democratic society.

By passing this law, the National Assembly of the RS breached the European Convention on Human Rights and Freedoms (see exact title), to which the Constitution of BiH grants supremacy over all national legislation. Thus, this law is unconstitutional.

Furthermore, the law presents a threat to the equality among citizens and the right to own private property, and its retroactive character is in contravention to international standards and the Constitution of BiH.

I am convinced that the passing of this law will further complicate the process of BiH's accession to the European Union, and that it will be condemned by international instance as well as international non-governmental human rights organizations.

No: 02-03/2005
Sarajevo, March 3 2005