RULES OF PROCEDURE
HUMAN RIGHTS COMMISSION WITHIN THE CONSTITUTIONAL COURT
OF BOSNIA AND HERZEGOVINA

(Adopted on 9 13 December January 2004)

The Human Rights Commission within the Constitutional Court of BiH Bosnia and Herzegovina (hereinafter “the Commission”), on the basis of

• the Agreement on Human Rights (Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina) between the Republic of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina and the Republika Srpska, hereinafter called the “Agreement”
  
• the “Agreement pursuant to Article XIV of Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina” entered into between the same Parties on 22 and 25 September 2003 (hereinafter called “the 2003 Agreement”), and
• pursuant to Article X paragraphs. 1 and 2 and Article XII of the Agreement,
  

TITLE I
Organisation of the Commission

Chapter I
The Commission

Rule 1
Independence and impartiality of the Commission

The Commission, established under the 2003 Agreement as a judicial body within the Constitutional Court of Bosnia and Herzegovina with jurisdiction to decide on cases received by the Human Rights Chamber for Bosnia and Herzegovina in the period up to 31 December 2003, shall function in complete independence and with impartiality.

Rule 2
Plenary Commission and the Panel

1. The Commission sits in plenary session (composed of the two international and the three national members) and as Panel (composed of the three national members) set up under Articles 8 and 9 of the 2003 Agreement.
    
2. Unless otherwise stated, the terms “Commission” and “President” in these Rules shall mean “Panel” and “President of the Panel” in relation to cases referred to the Panel, and “Commission” and “President of the Commission” in relation to cases referred to the plenary Commission.
    
3. The term “Panel” in these Rules refers to the Panel composed of the three national members.
   

Chapter 2
Members of the Commission

Rule 3
Irremovability of members and solemn declaration

1. The members of the Commission shall serve in their personal capacity as judges and may not be removed from their office during the term of the Commission’s mandate as defined in Article 4 of the 2003 Agreement.
    
2. Before taking up their duties, members of the Commission shall, at the first meeting of the Commission at which they are present after their appointment, make the following solemn declaration in the presence of the President of the Constitutional Court of Bosnia and Herzegovina:
   
   “I solemnly declare that I will exercise all my powers and duties honourably and faithfully, impartially and conscientiously and that I will keep secret all Commission proceedings.”
    
3. Members of the Commission shall enjoy immunity in on the same terms as the judges of the Constitutional Court of Bosnia and Herzegovina.

Rule 4
Order of precedence

1. Members of the Commission shall take precedence after the President and Vice-President according to the length of time they have been in office as members of the Commission or the former Human Rights Chamber.
    
2. Members appointed to office at the same time shall take precedence according to age.
    
3. Re-appointed members shall take precedence having regard to the duration of their previous terms of office.

Rule 5
Resignation of a member

Resignation of a member shall be notified to the President of the Commission who shall transmit it to the President of the Constitutional Court of Bosnia and Herzegovina and to the Parties.

Chapter 3
Presidency of the Commission

Rule 6
Appointment and Duties of the President of the Commission

The President of the Constitutional Court of Bosnia and Herzegovina shall appoint the President of the Commission, who shall direct the work of the Commission and preside at its plenary sessions.

Rule 7
Election and Duties of the Vice-President

1. The Vice-President shall be elected by the plenary Commission from among the members of the Panel.
    
2. The elections shall be by secret ballot; only the members present shall take part.
    
3. Election shall be by an absolute majority of the members. If no member receives such a majority, a second ballot shall take place. The member receiving the most votes shall then be elected. In the case of equal voting the member having precedence under Rule 4 shall be elected.

Rule 8
Duties of the Vice-President of the Commission

1. The Vice-President shall take the place of the President of the Commission if the latter is prevented from carrying out the duties of President or if the office of President is vacant.
    
2. The Vice-President of the Commission shall preside at meetings of the Panel.
    
3. The President of the Chamber may delegate certain functions to the Vice-President.

Rule 9
Substitution for the President and the Vice-President

If the President of the Commission and the Vice-President are at the same time prevented from carrying out their duties, or if their offices are at the same time vacant, the duties of President of the Commission shall be carried out by another member according to the order of precedence laid down in Rule 4.

Rule 10
Withdrawal of the President or the Vice-President

Chapter 4
Secretariat of the Commission

Rule 11
Appointment of the Registrar, the Deputy Registrars, the Executive Officer and other staff

1. The Secretariat of the Commission shall consist of the Registrar, the Deputy Registrars and other administrative and professional staff.
    
2. The Registrar and the Deputy Registrars shall be selected by the Commission with the consent of the President of the Constitutional Court of BiHBosnia and Herzegovina.
    
3. The Commission may also select an Executive Officer with the consent of the President of the Constitutional Court of BiHBosnia and Herzegovina.
    
4. The Registrar shall be subject to the direction of the President of the Commission in respect of the legal work of the Commission and of the Panel.
    
5. The staff servicing the Commission shall be appointed by the President of the Constitutional Court of BiHBosnia and Herzegovina in consultation with the President of the Commission.
    
6. The President of the Constitutional Court of BiHBosnia and Herzegovina may, in consultation with the President of the Commission, decide, for justified reasons, on the termination of work contracts of the staff referred to in paragraph 1 of the present Rule.
    
7. The President of the Constitutional Court of Bosnia and Herzegovina may, with the consent of the President of the Commission, decide to temporarily assign a member of the national staff to appropriate tasks within the Secretariat of the Commission or the Constitutional Court.
    
8. Staff employed by the Commission shall either sign a written statement of confidentiality also signed by a witness or make the following declaration at the next session before performing any duties:
   
   “I solemnly declare that I will perform my duties faithfully, independently, impartially and with full respect for the duty of confidentiality.”
    
9. The Secretariat shall be based at the seat of the Constitutional Court of Bosnia and Herzegovina in Sarajevo.

Rule 12
Duties of the Registrar

1. The Registrar shall, under the direction of the President, be responsible for the work of the Secretariat and, in particular:
   
   (a) shall assist the Commission and its members in the fulfilment of their duties;
   
   (b) shall be the channel for all communications concerning the Commission;
   
   (c) shall have custody of the archives of the Commission.
    
2. The Registrar shall be responsible for the publication of:
   
   (a) the decisions of the Commission;
   
   (b) any other document as decided by the Commission.

Rule 13
The Rregister of applications

The Secretariat shall maintain the Register of applications kept by the former Chamber, in which shall be entered inter alia the date of the termination of the relevant proceedings before the Commission.