VIII.
RELATIONS WITH THE RESPONDENT PARTIES
Cooperation with
the respondent Parties -- the Federation of Bosnia and Herzegovina,
the Republika Srpska and the State of Bosnia and Herzegovina
-- is conducted almost exclusively through appointed agents
who represent the Parties in proceedings before the Human
Rights Chamber. The agents are given notice by the Chamber
of applications against the Party they represent and are invited
to submit their observations in writing on the admissibility
and merits of the applications. Agents are also invited to
appear at public hearings and to present oral argument. If
the Chamber finds a violation of human rights in a decision
on the merits, it may order the respondent Party or Parties
against which the decision was taken to take remedial measures
and/or pay compensation. The agents are responsible for informing
the respondent Parties of the Chamber's decisions and their
obligation to implement fully the orders of the Chamber and
for reporting to the Chamber on the steps taken by them to
implement the decisions.
The Federation
of Bosnia and Herzegovina
The agent of
the Federation of Bosnia and Herzegovina continued throughout
2001 with the same efficient procedures for carrying out her
responsibilities towards the Chamber established in previous
years. Communication between the Chamber and the Federation
agent generally was very good during the year which helped
to facilitate the work of the Chamber. However, towards the
latter part of the year, the Federation agent appeared almost
daily on television and was very often quoted in the print
media criticizing several decisions of the Chamber and suggesting
that they were politically motivated. It was even stated that
certain decisions would not be implemented. However, it was
never clarified whether these statements expressed the view
of the Federation government or the personal view of the Federation
agent. With respect to compliance with the Chamber's decisions
in general the Federation's record was good in 2001, although
some individual decisions still remain in non-compliance.
In March 2002, the agent of the Federation was removed from
office and a replacement appointed. It remains to be seen
how the relationship between the Chamber and the new agent
will develop.
The Republika
Srpska
Cooperation between
the agent of the Republika Srpska and the Chamber was fair
during 2001. Responses to requests for written observations
on transmitted cases were limited. Compliance with orders
of the Chamber appeared to be random and in almost every case
long after the deadline given for compliance expired. Many
applicants who have received a decision by the Chamber in
their favor are still waiting to be reinstated and many other
decisions remain in non-compliance.
The State
of Bosnia and Herzegovina
Three agents
represent the State of Bosnia and Herzegovina in proceedings
before the Chamber. However, written communication and representation
at public hearings continues to be conducted by only two of
the three agents. The State's record of compliance with Chamber
decisions is non-existent. The State has been ordered by the
Chamber to undertake positive actions to remedy violations
of human rights of which it was found to be responsible in
four decisions involving 16 applicants. There has been no
compliance with any of the orders with respect to any of the
applicants.
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