Communication No. 1219/2003 Submitted by: Vladimir Raosavljevic (not represented) Alleged victim: The author State party: Bosnia and Herzegovina Declared inadmissible: 28 March 2007 Subject matter: Non-renewal of appointment of Supreme Court judge for participation in controversial judgements – Alleged lack of an effective remedy to challenge decision of High Judicial and Prosecutorial Council were required to reapply for appointment. The High Judicial and Prosecutorial Council of the Republika Srpska (HJPC) conducted the process of selection and appointment in Republika Srpska (RS), in accordance with the criteria set out in article 412 of the Law on the High Judicial and Prosecutorial Council of the Republika Srpska (RS Law on HJPC). Substantive issues: Right of equal access to public service – Right to an effective remedy 2.3 On 4 November 2002, in extraordinary review proceedings, a chamber of the Supreme Court of RS chaired by the author vacated a final judgement of the Bijeljina Basic and District Courts, which found several defendants guilty of kidnapping and forcible abortion and sentenced them to prison terms of between 4 years and 6 months and 6 years and 6 months. It referred the matter back to the first instance court. In another case, a chamber also chaired by the author, acting as second instance court, upheld a conviction of murder, allegedly despite insufficient evidence and without properly reviewing the verdict. In both cases, complaints were brought against the author by the Office of the UN High Commissioner for Human Rights in Bosnia and Herzegovina and by the father of the murder convict, respectively. Procedural issues: Admissibility ratione materiae – Level of substantiation of claim – Exhaustion of domestic remedies Articles of the Covenant: 2, paras. 1 and 3; 17; and 25, para. (c) Articles of the Optional Protocol: 2, 3 and 5, paras. 2 (a) and (b) 1.1 The author of the communication is Vladimir Raosavljevic, a national of Bosnia and Herzegovina, born on 28 July 1939. He claims to be a victim of violations by Bosnia and Herzegovina1 of article 25, read alone and in conjunction with article 2, paragraphs 1 and 3, and, indirectly, article 17 of the International Covenant on Civil and Political Rights (the Covenant). He is not represented. 1.2 On 19 January 2004, the State party requested the Committee to examine the admissibility of the communication separately from its merits, in accordance with rule 97, paragraph 3, of the Committee’s rules of procedure. On 11 February 2004, the Committee, through its Special Rapporteur on new communications, decided to examine the admissibility of the communication together with the merits. 2 Article 41 (“Criteria for Appointment”) of the RS Law on HJPC (23 May 2002) reads: “The Council shall assess whether the applicant is able to perform judicial or prosecutorial functions, taking into account the following criteria: (1) Professional knowledge and performance; (2) Proven capacity through academic written works and activities within professional associations; (3) Proven professional ability based on previous career results, including participation in organized forms of continuing training; (4) Work capability and capacity for analysing legal problems; (5) Ability to perform impartially, conscientiously, diligently, decisively, and responsibly the duties of the office for which he/she is being considered; (6) Communication abilities; (7) Relations with colleagues, conduct out of office, integrity and reputation; and (8) Managerial experience and qualifications (for the positions of president of court and public prosecutor). The Council shall implement relevant Constitutional provisions regulating the equal rights and representation of constituent peoples and others. Appointments to all levels of the judiciary should also have, as an objective, the achievement of equality between women and men.” The facts as presented by the author 2.1 From 1965 to 2003, the author served as a judge on the Municipal Court of Prnjavor (5 years), the District Court (23 years) and, from 1993 to 2003, on the Supreme Court of the Republika Srpska, where he presided over the criminal department. 2.2 In 2002, the High Representative for Bosnia and Herzegovina established High Judicial and Prosecutorial Councils at State level and in both of the Bosnian Entities. All existing judicial posts in the State party were declared vacant and incumbents 1 The Covenant and the Optional Protocol entered into force for the State party on 6 March 1992 and 1 June 1995, respectively. 10