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Email this citationCIAO DATE: 07/04
Rule Over Law: Obstacles to the Development of an Independent Judiciary in Bosnia and Herzegovina
July 5, 1999
Abstract
ICG, with the support of the European Commission, has established a project to promote justice in Bosnia and Herzegovina. With the assistance of 8 partner organisations based all over BiH, ICG will monitor individual cases and general trends to highlight and promote the development of a judicial system in BiH up to the standards of a modern, European judiciary. This first, introductory report examines the factors preventing the development of an independent judiciary, and outlines steps necessary to promote judicial independence.
The BiH judiciary is in transition. In the former SFRJ system, the judiciary ceded much control to the police to determine guilt in the field of criminal justice investigation, thus reducing elements of their authority in the legal process. Furthermore, Communist Party officials often interfered in the justice system. This interference has continued and even increased under the multi-party system.
