participated in the same judgements. The HJPC
deprived him not only of his right to equal access to
the RS Supreme Court, but also recommended that
his application for any other judicial post be rejected.
been dealt with in disciplinary proceedings under
article 49 of the RS Law on HJPC. It was only after
the State party had received his communication that
he was granted access to the files of the HJPC. He
claims compensation for the moral and material
damage suffered, including damage to his honour
and reputation after 38 years of judicial service.
6.5 For the author, the fact that the judgements
were declared unlawful by the HJPC after it received
complaints from dissatisfied parties amounts to a
severe interference with his independence as a judge
as well as usurpation, by an executive organ, of
judicial power that can only be exercised by a higher
court. When working on the cases, he faced
considerable pressure from HJPC investigators
showing a strong interest in both cases. Although the
investigators were not qualified to exercise judicial
power, they scrutinized the verdicts, which were the
result of years of work, in a few days and
summarized their analysis of these complex cases in
a few sentences. Their findings on both verdicts
were arbitrary, incomplete and inaccurate.
Issues and proceedings before the Committee
7.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with rule 93 of its rules of procedure,
decide whether or not it is admissible under the
Optional Protocol to the Covenant.
7.2 As required by article 5, paragraph 2 (a), of
the Optional Protocol, the Committee has
ascertained that the same matter is not being
examined under another procedure of international
investigation or settlement.
6.6 The author argues that the membership of the
HJPC is regulated in detail in the RS Law on HJPC
to ensure an impartial and transparent appointment
procedure. This process was flawed in his case, since
one of the members of the HJPC, S.M., a deputy
public prosecutor from the basic public prosecutor’s
office, had not been elected by the Association of
Judges and Prosecutors of RS, as required by article
5 of the RS Law on HJPC. The list of elected
candidates forwarded to the High Representative for
approval did not include S.M. It would, moreover,
have been possible to appoint a public prosecutor of
the Public Prosecutor’s Office of RS, in accordance
with article 5. The flexibility clause in article 76,
which required the High Representative to appoint
members specified in article 5 only “to the extent
possible” during a transitional period, was no
justification for the unlawful composition of the
HJPC at the time when his appointment was
terminated. The State party should have disclosed
the relevant evidence if it wanted to show that the
Council was properly composed.
7.3 With regard to the question of exhaustion of
domestic remedies, the Committee takes note of the
State party’s argument that the author did not file
either an application for review of the decision of 12
March 2003 the HJPC in the Supreme Court of RS,
nor further appealed to the Constitutional Court or
the Human Rights Chamber of Bosnia and
Herzegovina. It also notes the author’s objection that
his request for reconsideration under article 79 (3) of
the RS Law on HJPC was the only remedy available
to him under domestic law.
7.4 The Committee recalls that it is implicit in
rule 97 of its rules of procedure and article 4,
paragraph 2, of the Optional Protocol that a State
party to the Covenant should make available to the
Committee all the information at its disposal,
including, at the stage of admissibility of a
communication, detailed information about remedies
available to the victims of the alleged violation in the
circumstances of their case. It considers that, while
generally referring to remedies before the Supreme
Court, the Constitutional Court and the Human
Rights Chamber of Bosnia and Herzegovina, the
State party has not provided any detailed information
on the availability and effectiveness of these
remedies in the circumstances of the author’s case.
The Committee is therefore satisfied that the author
exhausted domestic remedies, in accordance with
article 5, paragraph 2 (b), of the Optional Protocol,
by filing a request for reconsideration with the HJPC.
6.7 The author submits that the State party has not
established an effective remedy to review decisions
on the appointment of judges, in violation of article
2, paragraph 3, of the Covenant. The rejection by the
HJPC of his request for reconsideration was a
stereotyped
decision
designed
for
mass
communication, which did not address a single issue
raised by him. The possibility to file such a request
was not an effective remedy, as it did not involve
review by another instance. The discretion vested in
the HJPC to appoint judges cannot be unlimited but
must respect applicable domestic and international
standards.
7.5 In so far as the author alleges violations of his
rights under article 25 (a) and (b) of the Covenant,
the Committee observes that his claims are
inadmissible ratione materiae under article 3 of the
Optional Protocol.
6.8 The author claims that he was deprived of an
opportunity to present his arguments and to defend
his rights. Any allegations against him should have
7.6 With regard to the author’s claim under article
25 (c) that the decision of the HJPC not to reappoint
him as a Supreme Court judge violated his right to
13
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