Is the end of endless court proceedings in sight: FBiH Government adopts Draft Law on Protection of the Right to a Fair Trial

(Patria) - The Government of the Federation of BiH today, at the proposal of the Federal Ministry of Justice, adopted the Draft Law on Protection of the Right to a Fair Trial within a Reasonable Time. This law prescribes the manner, conditions, and procedure for protecting the right to a fair trial within a reasonable time in court proceedings conducted before competent courts and prosecutor's offices in investigative proceedings in FBiH. Its purpose is to prevent violations of the right to a fair trial within a reasonable time, provide judicial protection in case of violation of that right, as well as fair compensation.

Among the reasons for adopting this regulation, it is stated that the Constitutional Court of BiH has established violations of the right to a trial within a reasonable time in several cases, and has ordered the implementation of general measures such as the introduction of a preventive legal remedy related to the duration of proceedings. Also, in specific cases, compensation for damages has been awarded to appellants, which has been borne by the relevant cantonal or FBiH budget.

The proposer states that this draft law provides a clear, efficient, and economical legislative framework that ensures a preventive legal remedy mechanism.

The proposer, among other things, states in the explanation that this draft law consists of four chapters that define the procedure for realizing the right to a fair trial within a reasonable time before the courts in FBiH. Legal remedies are prescribed to protect the right to a trial within a reasonable time, namely a request for acceleration of proceedings to avoid violation of the right to a fair trial within a reasonable time, as well as a request for protection of the right to a fair trial within a reasonable time and fair monetary compensation for non-material damage.

The draft also contains provisions that prescribe a request for adequate compensation due to violation of the right to a fair trial within a reasonable time, i.e., the acquisition of the right, as well as the amount of monetary compensation, payment, and securing of funds. Article 21 of the text of the law stipulates that cantons may regulate the amount of monetary compensation differently.

The decision on the aforementioned request is made by the president of the court or the chief prosecutor, against whose decision the party has the right to appeal to the president of the immediately higher court, or the chief federal prosecutor, and if the decision was made by the president of the Supreme Court of FBiH. The decision on the appeal is made by a panel of the Administrative Department of the Supreme Court of FBiH composed of three judges.