TITLE III
Procedure

Chapter 1
General Rules

Rule 30
Official languages

1.       The official languages of the Chamber shall be Bosnian, Croatian, English and Serbian.

2.       The President may authorise a member to speak in another language.

3.       The President may permit the use by a party or a person representing that party of a language other than an official language either in hearings or documents. Any such documents shall be submitted in an original and at least two copies.

4.       The Registrar is authorised, in correspondence with an applicant, to employ a language other than an official language.

5.       Interpreters or translators employed by the Chamber for its sessions or hearings shall make the following declaration before performing any duties:

“I solemnly declare that I will perform my duties as interpreter or translator faithfully, independently, impartially and with full respect for the duty of confidentiality.”

Rule 31
Representation of Parties to the Agreement

The Parties to the Agreement shall be represented before the Chamber by their agents who may have the assistance of advisers.

Rule 32
Presentation of applications by applicants; representation of applicants

1.     Persons, non-governmental organisations, or groups of individuals claiming to be a victim of a violation by any Party or acting on behalf of alleged victims who are deceased or missing, may present and conduct applications under Article VIII para. 1 of the  Agreement.

2.     Such applicants may appoint and be represented in proceedings before the Chamber by attorneys or other representatives of their choice.

3.     Any such applicant or representative shall appear in person before the Chamber:
a)       to present the application in any hearing fixed by the Chamber, or
b)       for any other purpose, if invited by the Chamber.

4.     The Chamber may exempt an applicant from being present on account of hardship, impossibility or other good cause.

5.     In the other provisions of these Rules the term “applicant” shall, where appropriate, include the applicant’s representatives.

Rule 32 bis
Applications addressed to the Human Rights Commission

The Registrar shall forward to the Human Rights Ombudsperson any application received by the Chamber but addressed to the Human Rights Commission unless the applicant expressly specifies that the matter is to be dealt with by the Chamber.

Rule 32 ter
Amici curiae

1.     The Chamber may at any stage of the proceedings allow or invite any governmental or non-governmental body or organisation, individual, or group of individuals, and in particular a Human Rights Ombudsman appointed by the Federation of Bosnia and Herzegovina or the Republika Srpska, to participate as amicus curiae.

2.     Such participation may be limited to factual or legal questions indicated by the Chamber’s decision.

3.     The Chamber’s decision in the matter shall set out the procedure to be followed.

Rule 33
Action by the Chamber in specific cases

1.     The Chamber may, proprio motu or at the request of a party, take any action which it considers expedient or necessary for the proper performance of its duties under the Agreement.

2.     The Chamber may delegate one or more of its members to take any such action in its name, and in particular to hear witnesses or experts, to examine documents or to visit any locality. Such member or members shall duly report to the Chamber.

3.     In case of urgency when the Chamber is not in session, the President of the Chamber or, if he is prevented from carrying out his duties, the Vice-President, may take any necessary action on behalf of the Chamber. As soon as the Chamber is again in session, any action which has been taken under this paragraph shall be brought to its attention.

Rule 34
Joinder of applications

The Chamber may, if it considers necessary, order the joinder of two or more applications.

Rule 35
Priority of particular applications

1.       The Chamber shall deal with applications in the order in which they become ready for  examination.

2.       The Chamber may, however, decide to give precedence to a particular application.

3.       The Chamber shall give particular priority to allegations of especially severe or systematic violations and those founded on alleged discrimination on prohibited grounds.

Rule 36
Provisional measures

1.     Applications entailing requests for provisional measures shall be reviewed as a matter of priority. The Chamber, or when it is not in session, the President, shall determine in particular whether such applications should be accepted and, if so, whether high priority for the scheduling of proceedings on the provisional measures requested is warranted.

2.     The Chamber or, when it is not in session, the President, shall decide whether, in the interest of the parties or the proper conduct of proceedings, any provisional measures should be ordered under Article X para. 1 of the Agreement.

3.     The Chamber or, when it is not in session, the President, shall bring any such order to the notice of the party concerned by any available means with a view to ensuring its effective implementation in accordance with the Agreement.

4.     Where the President has ordered any provisional measures he shall report his action to the Chamber under para. 3 of Rule 33.

Chapter 2
Hearings

Rule 37
Public nature and organization of hearings

1.     Hearings before the Chamber shall be held in public.

2.     The press and public may be excluded from all or part of the hearing in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the Chamber in special circumstances where publicity would prejudice the interests of justice.   

3.     If the applicant is a non-governmental organisation or group of individuals, the Chamber shall ascertain that those appearing are entitled to represent it or them.

4.     When it considers it in the interest of the proper conduct of a hearing, the Chamber may limit the number of the parties’ representatives or advisers who may appear.

5.     The parties shall duly be informed of the Chamber’s decision to conduct a hearing. The parties shall transmit to the Chamber at least ten days before the date of the opening of the hearing the names and functions of the persons who will appear on their behalf at the hearing.

6.     The provisions of the present Rule shall apply mutatis mutandis to hearings before delegates of the Chamber, in accordance with Rule 33 para. 2.

Rule 38
Failure by a party to appear

Where, without justified cause, a party fails to appear, the Chamber may, provided that it is satisfied that such a course is consistent with the proper administration of justice, proceed with the hearing.

Rule 39
Summoning of individual applicants, experts and witnesses

1.     Any individual applicant, expert or other person whom the Chamber decides to hear as a witness, shall be summoned by the Registrar. The summons shall indicate:

a)   the parties to the application;
b)   the facts or issues regarding which the person concerned will be heard;
c)       the arrangements made, in accordance with Rule 43 para. 1 or 2, to reimburse the persons concerned for any expenses incurred by them.

2.     Any such persons may, if they have not sufficient knowledge of the official languages, be authorised by the President to speak in any other language.

Rule 40
Solemn declaration of witnesses and experts

After establishing the identity of the witnesses or experts the President or the principal delegate mentioned in Rule 33 para. 2, shall request them to make the following declaration:

a)       for witnesses:

“I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth.”

b)       for experts:

“I solemnly declare upon my honour and conscience that my statement will be in accordance with my sincere and expert belief.”

Rule 41
Conduct of hearings

1.     The President, or the principal delegate, shall conduct the hearing or examination of any persons heard. He shall determine the order in which the parties shall be called upon to speak.

2.     Any member may put questions to the parties or to the persons heard with the leave of the President or the principal delegate.

3.     A party may, with the permission of the President or of the principal delegate, also put questions to any person heard.

Rule 42
Record of hearings

1.     The Registrar shall be responsible for the production of verbatim records of hearings before the Chamber.

2.     Hearings before the Chamber shall be recorded on tape. The parties, or where appropriate, their representatives shall receive a draft verbatim record of their arguments, statements or evidence in order that they may propose corrections to the Registrar within a time-limit laid down by the President. After necessary corrections, if any, the text shall constitute certified matters of record.

Rule 43
Costs

1.     The expenses incurred by any person who is heard by the Chamber as a witness or as an expert at the request of a party shall be borne either by that party or the Chamber as the Chamber may decide.

2.     The expenses incurred by any such person whom the Chamber hears proprio motu shall be borne by the Chamber.

3.     Where written expert opinion is obtained by the Chamber or at its request, any costs incurred shall be borne by the Chamber.

4.     Where written evidence is submitted by a party at the request of the Chamber, any costs incurred shall be borne by that party or the Chamber as the Chamber may decide.

5.     Where written evidence, including any expert evidence, is submitted by a party other than at the request of the Chamber, any costs incurred shall be borne by that party unless the Chamber decides otherwise.

6.     The amount of any costs or expenses payable by the Chamber under this Rule shall be agreed by the President.

Chapter 3
Amicable Resolutions

Rule 44
Amicable resolutions

1.       At the outset of a case or at any stage during the proceedings, the Chamber may attempt to facilitate an amicable resolution of the matter on the basis of respect for the rights and freedoms referred to in the Agreement.

2.       If the Chamber succeeds in effecting such a resolution, it shall publish a Report and forward it to the High Representative referred to in Annex 10 to the General Framework Agreement while such office exists, the Secretaries General of the Organisation for Security and Co-operation in Europe (OSCE) and the Council of Europe, as well as to the parties to the case.

3.       The Chamber’s report shall include a brief statement of the facts and the resolution reached.

4.       The report of a resolution in a given case may, however, be confidential in whole or in part where necessary for the protection of human rights or with the agreement of the Chamber and the parties concerned.

5.       An amicable resolution of a case concluded by intervention of the Chamber has legal force equivalent to a final decision of the Chamber.

Chapter 4
Submission and Content of Applications

Rule 45
Form of applications

1.       Any application made under Article VIII para. 1 of the Agreement shall be submitted in writing and shall be  signed by the applicant or by the applicant’s representative.

2.       Where an application is submitted by a non-governmental organisation or by a group of individuals, it shall be signed by those persons competent to represent such organisation or group. The Chamber shall determine any question as to whether the persons who have signed an application are competent to do so.

3.       Where applicants are represented in accordance with para. 2 of Rule 32, a power of attorney or written authorisation shall be supplied by their representative or representatives.

Rule 46
Content of applications

1.       Any application under Article VIII para. 1 of the Agreement shall set out:

a)       the identity of the applicant and any alleged victim including, where appropriate, the name, age, occupation and address of the person concerned;
b)       the name, occupation and address of the representative, if any;
c)       the name of the Party against which the application is made;
d)       a statement of the facts;
e)       a statement of the rights under the Agreement alleged to have been violated, and any relevant argument;
f)         a statement of any provisional measures or other remedies sought; and any relevant document.

2.       Applicants shall furthermore:

a)       provide information as to whether the criteria referred to in Article VIII para. 2(a) of the Agreement have been satisfied;
b)       indicate whether the subject-matter of the application has already been submitted to the Chamber, the Ombudsperson, any other Commission established under the Annexes to the General Framework Agreement or any other international procedure of adjudication, investigation or settlement;
c)       indicate in which of the official languages they wish to receive the Chamber's decisions;
d)       indicate whether they do or do not object to their identity being disclosed to the public.

3.       Applications, other than those presented by a Party or referred to the Chamber by the Ombudsperson, should normally be made on the application form provided by the Registrar.

4.       Failure to comply with the requirements set out under paragraphs 1-3 above may result in the application not being registered and examined by the Chamber.

5.       The date of introduction of the application shall in general be considered to be the date of the first communication from the applicant setting out, even summarily, the subject matter of the application. The Chamber may nevertheless for good cause decide that a different date be considered to be the date of introduction.

6.       Applicants shall keep the Chamber informed of any change of their address and of all circumstances relevant to the application.

Chapter 5
Proceedings on the Admissibility of an Application

Rule 47
Inter-Party applications

1.       Where, pursuant to Article VIII para. 1 of the Agreement, an application is brought before the Chamber by a Party, the President of the Chamber shall give notice of such application to the Party against which the claim is made and shall invite it to submit to the Chamber its observations in writing on the admissibility of such application. The observations so obtained shall be communicated to the Party which brought the application and it may submit written observations in reply.

2.       Before deciding upon the admissibility of the application the Plenary Chamber may invite the Parties to submit further observations, either in writing or at a hearing.

Rule 47 bis
Applications pending before the Human Rights Ombudsperson

The following shall apply to applications not referred to the Chamber by the Human Rights Ombudsperson:

The Chamber may declare inadmissible, or suspend consideration of, any application concerning an allegation of a violation of human rights which is currently pending before the Human Rights Ombudsperson.

Rule 48
Information to respondent Party in urgent cases

In any case of urgency, the Registrar may, without prejudice to the taking of any other procedural steps, inform the respondent Party in an application, by any available means, of the introduction of the application and of a summary of its subject-matter.

Rule 49
First consideration and written proceedings

1.       Any application submitted pursuant to Article VIII para. 1 of the Agreement, other than one submitted by a Party to the Agreement, shall be placed before the Chamber which shall consider the admissibility of the application and the procedure to be followed.

2.       The Chamber may declare at once that the application is inadmissible under the second paragraph of Article VIII of the Agreement or may decide to suspend consideration of, reject or strike out the application under para. 3 of Article VIII.

3.       Alternatively, the Chamber may:

a)       request relevant information on matters connected with the application from the applicant or respondent Party concerned. Any information so obtained from the respondent Party shall be communicated to the applicant for comments;
b)       give notice of the application to the respondent Party against which it is brought and invite that Party to present to the Chamber written observations on the application. Observations so obtained shall be communicated to the applicant for any written observations in reply.

Rule 50
Further written proceedings or hearings in particular cases

1.       Before deciding upon the admissibility of the application, the Chamber may invite the parties:

a)       to submit further observations in writing;
b)       to submit further observations orally at a hearing on issues of admissibility and at the same time, if the Chamber so decides, on the merits of the application.

Rule 51
Time-limits

Time-limits shall be fixed by the Chamber for any information, observations or comments requested under Rule 49 or Rule 50.

Rule 52
Decision on admissibility

1.       Any decision of the Chamber on admissibility under Article VIII para. 2 of the Agreement shall be issued in writing and shall be communicated by the Registrar to the applicant and to the respondent Party.

2.       Para. 1 of this Rule shall apply mutatis mutandis to any decision of the Chamber under Article VIII para. 3 to suspend consideration of, reject or strike out an application which has not already been declared admissible.

3.       The decision of the Chamber shall state whether it was taken unanimously or by majority and shall be accompanied or followed by reasons.

4.       Any member who has taken part in the consideration of the case shall be entitled to annex to the decision on admissibility either a separate opinion concurring with or dissenting from that decision, or a bare statement of dissent.

Chapter 6
Procedure after the Admission of an Application

Rule 53
Consideration of the merits

1.       After deciding to admit an application, the Chamber shall decide on the procedure to be followed:

a)       for the examination of the application under Article XI subpara. 1 (a) of the Agreement as to whether the facts found indicate a breach by the respondent Party of its obligations under the Agreement;
b)       with a view to securing an amicable resolution of the case under Article IX paras. 1 and 2.

2.       The Chamber may invite the parties to submit further evidence or observations. The Chamber shall decide in each case whether such observations should be submitted in writing or orally at a hearing.

3.       The Chamber shall lay down the time-limits within which the parties shall submit evidence and written     observations.

Rule 54
Provisional opinions

The Chamber may, when it sees fit, deliberate with a view to reaching a provisional opinion on the merits of the case.

Rule 55
Decisions under Article VIII paragraph 3 of the Agreement

Where the Chamber decides to suspend consideration of, reject or strike out an application under Article VIII para. 3 of the Agreement, its decision shall be accompanied by reasons. The Registrar shall communicate the decision to the parties.

Chapter 7
The Decision of the Chamber on the Merits

Rule 56
Failure by a party to appear or to present its case

Where a party fails to appear or to present its case, the Chamber shall, subject to the provisions of Rule 55, give a decision in the case.

Rule 57
Form of the decision on the merits

The decision shall contain:

a)       the names of the President and the members constituting the Chamber or the Panel and also the names of the Registrar and where appropriate, the Deputy Registrar;
b)       the dates on which it was adopted and delivered;
c)       description of the party or parties;
d)       the names of the representatives of the parties;
e)       an account of the procedure followed;
f)         a summary of the submissions of the parties;
g)       the facts of the case;
h)       the reasons in point of law;
i)         the operative provisions of the decision;
j)         the decision, if any, in respect of costs;
k)       the number of members constituting the majority.

Rule 58
Content of the decision on the merits

The reasons in point of law and the operative part of the decision shall in particular address:

a)       whether the facts found indicate a breach by the respondent Party of its obligations under the Agreement; and, if so,  
b)       what steps shall be taken by the Party to remedy such breach, including orders to cease and desist, and any provisional measures.

Rule 59  
Decision on monetary relief

Where the Chamber finds that there is a breach of the Agreement, it shall in the same decision decide on any monetary relief (including relief for pecuniary and non-pecuniary injuries) if that question is ready for decision. If the question is not ready for decision, the Chamber shall reserve it in whole or in part and shall fix the further procedure.

Rule 60  
Delivery of the decision

1.       The decision shall be signed by the President and by the Registrar.

2.       The decision shall be read out by the President, or by another member of the Chamber delegated by him, at a public hearing in one of the official languages. It shall not be necessary for the other members to be present. The parties shall be informed in due time of the date and time of delivery of the decision.

3.       However, in respect of a decision relating only to monetary relief according to Rule 59, the President may direct that the notification provided for under paragraph 4 of this Rule shall count as delivery.

4.       The decision shall be transmitted by the Registrar to the parties concerned as well as the High Representative referred to in Annex 10 to the General Framework Agreement while such office exists, the  Secretaries General of the  Council of Europe and the OSCE, and the Ombudsperson.

5.       The original, duly signed and sealed, shall be placed in the archives of the Chamber.

Rule 61  
Separate opinions and statements of dissent

Any member who has taken part in the consideration of the case shall be entitled to annex to the decision on the merits either a separate opinion concurring with or dissenting from that decision, or a bare statement of dissent.

Chapter 8  
Publication of Decisions

Rule 62  
Publication of decisions

1.       The Registrar shall be responsible for the publication of decisions of the Chamber.

2.       Any decision on the merits and any decision declaring an application admissible or inadmissible shall be publicly available. Other decisions shall be publicly available if the Chamber so decides.

3.       The Parties to the Agreement may be requested to publish decisions of the Chamber in their Official Journals.

Chapter 9
Review Proceedings

Rule 63  
Request for review

1.       Upon motion of a party to the case or the Ombudsperson the full Chamber may decide to review:

-          a decision  of a  Panel  declaring  an application inadmissible under para. 2 of Article VIII of the Agreement;  
-          a decision of a Panel to reject an application under Article VIII para. 3 of the Agreement;  
-          a decision of a Panel on the merits of an application, including a decision on pecuniary or other remedies, under Article XI of the Agreement.

2.       Any such request for review shall specify the grounds of the request.

3.       Any such request for review shall be submitted:

a)       if directed against a decision read out at a public hearing in pursuance of Rule 60, paragraph 2: within one month starting on the day following that on which the Panel’s reasoned decision was so read out;  
b)       in all other cases: within one month starting on the day following that on which the Panel’s reasoned  decision was delivered to the Parties in writing.

Rule 64  
Procedure for deciding a request for review

1.       Any request for review under Rule 63 shall be referred to the Panel which did not take the decision in question and that Panel shall make a recommendation to the Plenary Chamber as to whether the decision  should be reviewed or not.

2.       The Plenary Chamber shall consider the request for review and the recommendation of the Panel and decide whether to accept the request or not. It shall not accept the request unless it considers (a) that the case raises a serious question affecting the interpretation or application of the Agreement or a serious issue of general importance and (b) that the whole circumstances justify reviewing the decision.

Rule 65  
Procedure after acceptance of a request for review

1.       If the Plenary Chamber accepts the request for review it shall decide on the procedure to be followed. It may invite the parties to submit written or oral observations or additional evidence on any aspect of the case.

2.       During review proceedings the Plenary Chamber may make such orders for provisional measures as it thinks fit.

3.       The Plenary Chamber shall decide any case in which it accepts a request for review. The provisions of Rules 55-61 shall apply mutatis mutandis.

Rule 66  
Finality and binding nature of decisions

1.       Decisions of the Chamber shall be final and binding in accordance with para. 3 of Article XI of the Agreement.

2.       Decisions of Panels which are reviewable under Rule 63 shall become final and binding:

a)       when the parties declare that they will not request review;  
b)       when the time limit referred to in Rule 63 para. 2 has expired without any request for review;  
c)       when a request for review has been refused under Rule 64.  

3.       When a Panel takes a decision which is reviewable under Rule 63 it may order such provisional measures as it thinks fit to protect the interests of the parties until the decision becomes final and binding under the preceding paragraph.

After a request for a review has been made the Plenary Chamber may make any such order for provisional measures and may revoke or vary any such order made by the Panel which took the decision under review.