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.
