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The Prosecutor's Office of Bosnia and Herzegovina

News

PRESS RELEASE

24.04.2013. 14:58
Dear all, due to the emergence of different interpretations, among political officials, of the activities of the Prosecutor's Office of BiH in cases relating to noncompliance with the decisions of the Constitutional Court of BiH, and in order to ensure full information we hereby forward this information.

Hence,

concerning the cases related to noncompliance with the decisions of the Constitutional Court of BiH, the total number of active cases in the Prosecutor's Office of BiH is 27 and 6 prosecutors are working on them.

Investigations were initiated in two cases but we can not talk about the decisions in question.

These cases relate to several institutions from all levels of government (state, entity, cantonal and municipal institutions) hence no particular institution should be highlighted.

On March 28, 2013 Chief Prosecutor issued an Instruction and an order to prosecutors working on cases related to noncompliance with the decisions of the Constitutional Court of BiH, asking them to make an analysis of cases that were formed upon receiving acts of the Constitutional Court and to request information from institutions that are subject to noncompliance.

The Prosecutors have subsequently acted pursuant to the instruction requesting the institutions to which the decisions of the Constitutional Court apply for information concerning their failure to enforce the  decisions as well as a report on the activities undertaken in the aim of enforcement,  in order to be able to decide on the next steps to be taken..

The Prosecutor's Office of BiH has already received responses of certain institutions regarding noncompliance with the decisions of the Constitutional Court, and the prosecutors will decide on further steps.

Chief Prosecutor recently held a meeting with the delegation of the Constitutional Court of BiH, where they discussed failures to enforce the decisions of the Constitutional Court and the steps needed primarily to enforce or allow for enforcement of the decision whereas the last resort measure in terms of noncompliance would be the possibility of criminal proceedings against those responsible for it.

Chief Prosecutor also held a meeting with the Head of the Office of the Council of Europe in BiH, where the same issue was discussed.

Article 239 of the CC BiH stipulates that Failure to Enforce Decisions of the Constitutional Court of Bosnia and Herzegovina is a criminal offense punishable by imprisonment sentence of minimum 6 months up to maximum of 5 years.


*Note on the principle of presumption of innocence

Dear Media Representatives, when transmitting news please bear in mind that persons referred to in the news and information of the BiH Prosecutor's Office, have the status of a suspect or an accused person. Let us remind you of the principle of presumption of innocence, which defines that no person shall be considered guilty until his/her guilt has been established by a final verdict.

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OFFICE OF BIH

Kraljice Jelene 88
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Bosnia and Herzegovina

Phone: +387 (0) 33 483 700 
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info@tuzilastvobih.gov.ba

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