TITLE III
Procedure

Chapter 1
General Rules

Rule 27
Official languages

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

Rule 28
Representation of Parties to the Agreement

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

Rule 29
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, who, on or before 31 December 2003, have introduced applications with the former Chamber under Article VIII paragraph. 1 of the Agreement may continue to conduct such applications before the Commission.
    
2. Such applicants may appoint and be represented in proceedings before the Commission by attorneys or other representatives of their choice.
    
3. Any such applicant or representative shall appear in person before the Commission:
   
   (a) to present the application in any hearing fixed by the Commission, or
   
   (b) for any other purpose, if invited by the Commission.
    
4. The Commission may exempt an applicant from being present on account of hardship, impossibility or other good causepresent before the Commission if the applicant is unable to appear for justified reasons.
    
5. In the other provisions of these Rules the term “applicant” shall, where when appropriate, include the applicant’s representatives.

Rule 30
Amici curiae

1. The Commission 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 Ombudsperson appointed by Bosnia and Herzegovina, 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 Commission’s decision.
    
3. The Commission’s decision in the matter shall set out the procedure to be followed.

Rule 31
Action by the Commission in specific cases

1. The Commission may, proprio motu or at the request of a party, take any action which that it considers expedient or necessary for the proper performance of its duties under the Agreement.
    
2. The Commission 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 In such a case, the member or members shall duly report to the Commission on the actions taken.
    
3. In case of urgency when the Commission is not in session, the President of the Commission or, if he or she is prevented from carrying out his duties, the Vice-President, may take any necessary action on behalf of the Commission. As soon as the Commission is again in session, any action which that has been taken under this paragraph shall be brought to its attention.

Rule 32
Joinder of applications

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

Rule 33
Priority of particular applications

1. The Commission shall deal with applications in the order in which they become ready for examination.
    
2. The Commission may decide to give precedence to a particular application.
    
3. The Commission shall give particular priority to allegations of especially severe or systematic violations and those founded on alleged discrimination on prohibited grounds.

Rule 34
Provisional measures

1. Applications entailing requests for provisional measures shall be reviewed as a matter of priority. The Commission, 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 Commission 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 paragraph 1 of the Agreement.
    
3. The Commission 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 When the President has ordered any provisional measures he or she shall report her his or heris action to the Commission under paragraph 3 of Rule 31.
    
5. Whenever an order for provisional measures is no longer justified, the Commission shall, by a formal decision, withdraw it.

Chapter 2
Hearings

Rule 35
Public nature and organiszation of hearings

1. Hearings before the Commission 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 or when 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 Commission 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 Commission 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 Commission may limit the number of the parties’ representatives or advisers who may appear.
    
5. The parties shall duly be informed of the Commission’s decision to conduct a hearing. The parties shall transmit to the Commission 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 Commission, in accordance with Rule 31 paragraph 2.

Rule 36
Failure by a party to appear

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

Rule 37
Summoning of individual applicants, experts and witnesses

1. Any individual applicant, expert or other person whom the Commission 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 41 paragraphs 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 another language.

Rule 38
Solemn declaration of witnesses and experts

After establishing the identity of the witnesses or experts the President or the principal delegate mentioned in Rule 31 paragraph 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 39
Conduct of hearings

1. The President, or the principal delegate, shall conduct the hearing or examination of any persons heard. HShe or she shall determine the order in which the parties and their representatives shall be heard.
    
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 40
Record of hearings

1. The Registrar shall be responsible for the production of verbatim records of hearings before the Commission or the principal delegate.
    
2. Hearings before the Commission shall be recorded on tape. The parties, or where when 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 41
Costs

1. The expenses incurred by any person who is heard by the Commission as a witness or as an expert at the request of a party shall be borne either by that party or the Commission as the Commission may decide.
    
2. The expenses incurred by any such person whom the Commission hears proprio motu shall be borne by the Commission.
    
3. Where When written expert opinion is obtained by the Commission or at its request, any costs incurred shall be borne by the Commission.
    
4. Where When written evidence is submitted by a party at the request of the Commission, any costs incurred shall be borne by that party or the Commission as the Commission may decide.
    
5. Where When written evidence, including any expert evidence, is submitted by a party other than at the request of the Commission, any costs incurred shall be borne by that party unless the Commission decides otherwise.
    
6. The amount of any costs or expenses payable by the Commission under this Rule shall be agreed by the President.

Chapter 3
Friendly Settlement

Rule 42
Friendly settlements

1. At any stage during the proceedings, the Commission may attempt to facilitate an amicable resolution of the matter dispute on the basis of respect for the rights and freedoms referred to in the Agreement.
    
2. If the Commission succeeds in effecting such a resolution, it shall publish a Report thereon and furnish a copy of the Report 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 Commission’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 kept confidential in whole or in part where when necessary for the protection of human rights or with the agreement of the Commission and the parties concerned.
    
5. An amicable resolution of a case concluded by intervention of the Commission has legal force equivalent to a final decision of the Commission.

Chapter 4
Introduction, Form and Content of Applications

Rule 43
Introduction of applications

1. Any application made under Article VIII paragraph 1 of the Agreement, which that is to be decided on by the Commission under Article 5 of the 2003 Agreement, must have been introduced with the former Chamber on or before 31 December 2003.
    
2. The date of introduction of an 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.

Rule 44
Form of Applications

1. Any such application must be in writing and shall be signed by the applicant or by the applicant’s representative.
    
2. Where When 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 Commission shall determine any question as to whether the persons who have signed an application are competent to do so.
    
3. Where When applicants are represented in accordance with paragraph 2 of Rule 29, a power of attorney or written authorisation shall be supplied by their representative or representatives.

Rule 45
Content of applications

1. Any application under Article VIII paragraph 1 of the Agreement shall set out:
   
   (a) the identity of the applicant, including his or her name, age, occupation, and address, and the identity of any alleged victim including, where as 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 paragraph 2(a) of the Agreement have been satisfied;
   
   (b) indicate whether the subject-matter of the application has already previously been submitted to the former Chamber, or submitted to 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 (now Commission’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, 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 examined by the Commission.
    
5. Applicants are obliged to keep the Chamber (now Commission) informed of any change of their address and of all circumstances relevant to the application. In case of failure to do so, the Commission may strike out the application.

Chapter 5
Proceedings on the Admissibility of an Application

Rule 46
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 47
First consideration and written proceedings

1. Any application submitted pursuant to Article VIII paragraph 1 of the Agreement, shall be placed before the Commission, which shall consider the admissibility of the application and the procedure to be followed.
    
2. The Commission 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 paragraph 3 of Article VIII.
    
3. Alternatively, the Commission 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 Commission written observations on the application, including relevant information requested by the Commission. Observations so obtained shall be communicated to the applicant for any written observations in reply.

Rule 48
Further written proceedings or hearings in particular cases

Before deciding upon the admissibility of the application, the Commission 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 Commission so decides, on the merits of the application
at a hearing on issues of admissibility and at the same time, if the Commission so decides, on the merits of the application.

Rule 49
Time-limits

Time-limits shall be fixed by the Commission for any information, observations or comments requested under Rule 47 or Rule 48.

Rule 50
Plenary decisions on admissibility, on suspension, to reject or to strike out an application

1. Any decision of the Plenary Commission declaring an application admissible or inadmissible under Article VIII paragraph 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. Paragraph 1 of this Rule shall apply mutatis mutandis to any decision of the Plenary Commission under Article VIII paragraph 3 to suspend consideration of, reject or strike out an application which that has not already been declared admissible.
    
3. The decision of the Plenary Commission shall state whether it was taken unanimously or by a majority of members of the Commission. The reasoning of the Commission’s decision shall be an integral part thereof. 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, to suspend consideration, to reject or to strike out an application either a separate opinion concurring with or dissenting from that decision, or a bare statement of dissent.
    
5. Only the Plenary Commission can declare an application admissible.

Rule 51
Panel decisions declaring an application inadmissible,
on suspension, to reject or to strike out an application

1. Any decision of the Panel declaring an application inadmissible under Article VIII paragraph 2 of the Agreement or to suspend consideration of, reject or strike out an application under Article VIII paragraph 3 of the Agreement must be adopted unanimously. It shall be issued in writing and shall be communicated by the Registrar to the applicant and to the respondent Party.
    
2. Any member of the Panel shall be entitled to annex to the decision a separate opinion concurring with that decision.

Chapter 6
Procedure after the Admission of an Application

Rule 52
Consideration of the merits

1. After declaring an application admissible, the Commission shall decide on the procedure to be followed:
   
   (a) for the examination of the application under Article XI subparagraph 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 paragraphs 1 and 2.
    
2. The Commission may invite the parties to submit further evidence or observations. The Commission shall decide in each case whether such observations should be submitted in writing or orally at a hearing.
    
3. The Commission shall lay down the time-limits within which the parties shall submit evidence and written observations.

Rule 53
Provisional opinions

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

Rule 54
Decisions on admissibility and merits

The Commission may, when it sees fit, decide on the admissibility and the merits of an application at the same time.

Chapter 7
Decisions on the Merits

Rule 55
Failure by a party to appear or to present its case

The failure of a party to appear or to present its case shall not prevent the Commission from giving a decision in the case.

Rule 56
Form of the decision on the merits

The decision shall contain:

(a) the names of the President and of the other members constituting the Plenary Commission and also the names of the Registrar and, where when appropriate, the Deputy Registrars;

(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 opinion of the Commission;

(i) the remedies ordered;

(j) the conclusions;

(k) the number of members constituting the majority.

Rule 57
Content of the decision on the merits

The opinion of the Commission and the conclusions 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, monetary relief (including compensation for pecuniary and non-pecuniary injuries), and any provisional measures.

Rule 58
Separate decision on the remedies

Notwithstanding Rule 56(j), the Commission may, if it deems it appropriate, defer a decision on the remedies in whole or in part.

Rule 59
Delivery of the decision

1. The decision shall be signed by the President and by the Registrar.
    
2. Relevant parts of the decision may be publicly delivered by the President, or by another member of the Commission delegated by him or her, 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. 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.
    
4. The original, duly signed and sealed, shall be placed in the archives of the Commission within the Constitutional Court of Bosnia and Herzegovina.

Rule 60
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 61
Publication of decisions

1. The Registrar shall be responsible for the publication of decisions of the Commission.
    
2. Any decision on the merits, any decision declaring an application admissible or inadmissible, rejecting or striking out an application or suspending consideration of an application, on request for review and on review shall be publicly available. Orders concerning provisional measures issued by the Commission shall be publicly available unless the Commission, or a member acting on behalf of the Commission under Rule 31, paragraphs 2 and 3, decides otherwise. Other decisions shall be publicly available if the Commission so decides.
    
3. The Parties to the Agreement may be requested to publish decisions of the Commission in their Official Journals.

Chapter 9
Review Proceedings

Rule 62
No Review of Commission Decisions

Decisions of the Commission, whether taken by the Plenary Commission or the Panel, are final and binding in terms of Articles 8 and 9 of the 2003 Agreement and are not subject to review.

Rule 63
Review of Decisions of the former Chamber

In the event that any pending review proceedings relating to decisions of the former Chamber should fall to be decided by the Commission, the following will apply:

(a) the plenary Commission shall decide whether to accept the request for review and shall decide any case in which a request for review is accepted;

(b) in so deciding the plenary Commission will apply mutatis mutandis the provisions of Rules 63-66 of the Rules of Procedure of the former Chamber;

(c) notwithstanding the foregoing, the procedure provided for in Rule 64 of the Rules of Procedure of the former Chamber, for obtaining the recommendation of a Panel on a request for review, shall not apply.

Rule 64
Rectification of errors in decisions

The Commission may rectify clerical errors, errors in calculation or obvious mistakes in its decisions.