Lawyers in Bosnia and Herzegovina Announce Radical Measures to Protect Their Rights

(Patria) - Lawyers in Republika Srpska and the Federation of Bosnia and Herzegovina are witnessing the fact that the legal profession in Bosnia and Herzegovina is increasingly being pushed to the margins of society, even though the judicial system of Bosnia and Herzegovina cannot function without this activity, according to a joint statement from the entity bar associations.

"By letter from the Court of Bosnia and Herzegovina dated May 30, 2024, the Bar Association of Republika Srpska and the Bar Association of the Federation of Bosnia and Herzegovina were informed of the lack of available funds for the costs of defense counsel appointed by the court before that Court. Previously, for almost a year, both bar associations, through their representatives, conducted intensive negotiations with representatives of the entity ministries of justice, as well as with the Minister of Justice of Bosnia and Herzegovina, in order to strengthen the legal profession and improve the status of lawyers by adopting new Tariffs that value the work of lawyers," the statement reads.

As the bar associations state, "from promises that the demands of the bar associations would be met within a reasonable time, we have come to a situation where, after almost a year since the start of these negotiations, there are now no funds for the payment of fees to defense counsel appointed by the court before the Court of Bosnia and Herzegovina in war crimes cases".

"The ignorant attitude of the competent institutions towards the emerging problem only contributes to the strengthening of distrust of the citizens of Bosnia and Herzegovina in the judicial system due to its sluggishness, and the fact that payments of fees to defense counsel are delayed in other criminal proceedings before the competent courts is also considered a failure. Furthermore, we are also facing new attacks on the legal profession through attempts to eliminate representatives of the legal profession, who have so far been representatives of their bar associations, from the membership of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina. In the recent past, lawyers had to fight to be included in the most significant legislative reform processes in criminal and civil law, although it would be completely natural for the legal profession to have a dominant role in these processes," the bar associations emphasize.

They conclude: "lawyers in Republika Srpska have long been deprived of many powers, especially in the area of drafting legal transactions for real estate. Due to the current situation, both bar associations will consider ways to undertake more radical measures in the coming period, including the measure of suspending work in the segment of defense by official duty."