
(Patria) - The US Embassy has commented on the new selection process for positions in the High Judicial and Prosecutorial Council, stating that the amendment to the Rules of Procedure is a step backward.
"We are deeply concerned about the changes to the HJPC Rules of Procedure adopted on January 17. The amendments to Article 4, which regulate the method of including ethnic and gender balance in the selection process for positions in the HJPC, represent a major step backward. The random draw system from Article 4 provided an important element of impartiality in the selection process.
The system adopted by the HJPC instead of the draw opens the door to discrimination, including discrimination through freezing the current ethnic and gender balance in the Council. This guarantees that current members can apply for a second term and reduces the chances of selecting candidates who do not meet the fixed ethnic and gender conditions that favor the current HJPC members.
The US Embassy in Bosnia and Herzegovina, as a long-standing partner of the BiH authorities in the judicial reform process, joins partners from the international community in warning the HJPC that these amendments could increase the possibility of corrupt activities and create the impression that HJPC members are manipulating procedures for personal interests.
It is an unfortunate circumstance that at a time when the HJPC is expected to implement reforms and increase the integrity of the judiciary and help restore public trust, some HJPC members are making decisions that further contribute to the formation of negative public perceptions of the HJPC and the judiciary in a broader context.
The US Embassy therefore calls on the HJPC to reverse this decision. We commend the minority of HJPC members led by President Lagumdžija who worked to strengthen the integrity of the judiciary in accordance with international standards by voting against this misguided decision, the US Embassy stated.
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