STATEMENT BY THE AMBASSADORS OF FRANCE, GERMANY, ITALY, THE NETHERLANDS, SPAIN, THE UNITED KINGDOM AND THE USA
The Embassies of France, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States of America are deeply concerned about the failure of the BiH authorities to agree and adopt a set of amendments to the Criminal Procedure Code (CPC) and the Law on OSA as also recently stressed by the EU Delegation and the OSCE in their recent statements. The Constitutional Court of BiH gave the responsible authorities six months to agree and adopt amendments to both laws in its decision of June 2017.
Amendments need to address the ruling of the Constitutional Court in full and preserve the integrity and independence of BiH’s state-level security and justice institutions within their current legal competencies. We note that the proposal currently under consideration in the BiH Parliament meets these requirements. Partial solutions that do not accord with international standards and a failure to pass any amendments at all will leave BiH’s prosecutors and BiH’s security agencies unable to fight organised crime and terrorism effectively. The failure to agree and adopt adequate legislation in time would be a reckless act. In a connected world, this would endanger not only the security of BiH, but also that of BiH’s regional and international partners.
So far, the Ministry of Justice has failed to propose adequate amendments to the Criminal Procedure Code that are in line with international standards. This must be urgently addressed. We call upon Minister Grubeša to fulfill his responsibilities by urgently proposing amendments to the CPC in line with international standards. We call on the Council of Ministers and Parliament to pass amendments that are in line with international standards to both laws without delay, and before the next session of the BiH Constitutional Court on 22nd March.