Cabinet of Denis Bećirović: Judge Vehabović is in technical mandate, we seek to complete the standard procedure and elect a judge

(Patria) - Following the dissemination of incomplete information that member of the BiH Presidency Denis Bećirović wants to "remove a BiH judge" from the European Court of Human Rights in Strasbourg, we are obliged to present the full facts to the public of Bosnia and Herzegovina, it was announced from the cabinet of Denis Bećirović.

Acting in accordance with applicable international treaties, as well as consistently respecting the principles of legality, independence, expertise and transparency during the election of a judge of the European Court of Human Rights in Strasbourg represents an obligation arising from the applicable provisions of national and international law.

Therefore, Denis Bećirović, as a member of the BiH Presidency, does not want to "remove a judge" whose mandate expired long ago, nor is he electing a new judge to the European Court of Human Rights. Bećirović insists that, in accordance with the provisions of national and international law, the standard procedure be completed so that the Parliamentary Assembly of the Council of Europe, from the submitted list of candidates, elects a new judge to the European Court of Human Rights, in the same way it elects judges from each of the other 45 member states of the Council of Europe.

The mandate of the current judge of the European Court of Human Rights in Strasbourg expired on 21.12.2021, nine years after his election, about which the Ministry of Foreign Affairs of BiH, in accordance with the prescribed procedure, informed the BiH Presidency. The Commission for conducting the procedure for selecting candidates for the position of judge on behalf of Bosnia and Herzegovina at the European Court of Human Rights, formed at the session of the BiH Presidency by the Decision on the appointment of the Commission number: 01-50-1-1775/21 of 27 May 2021, was tasked with conducting the competition procedure and establishing a shortlist of candidates for the position of judge on behalf of Bosnia and Herzegovina. This was the conclusion of the former composition of the BiH Presidency and it was obliged, according to its own conclusions, to complete its part of the work. Unfortunately, this was not done and the envisaged procedure has not been completed to this day. Because of this, Bosnia and Herzegovina has not had a judge at the European Court of Human Rights in accordance with the regulations of the Council of Europe for more than two years.

Bosnia and Herzegovina must strive to be de jure and de facto a legal and democratic state in which all holders of functions on behalf of and representing our state will be elected in accordance with legal procedures, as is the case in all other democratically organized states.

Insisting on technical mandates after the expiry of prescribed mandates was not and will never be the policy of Denis Bećirović. By act number: 07/2-23-05-4-39255-2/23, of 05.12.2023, the Ministry of Foreign Affairs of BiH informed the BiH Presidency about issues of election of judges to the European Court of Human Rights – Report from the 99th meeting of the Steering Committee for Human Rights (CDDH) of the Council of Europe, from 28.11. to 1.12.2023. According to this act, the CDDH also discussed the Draft Report on issues relating to the European Court of Human Rights (ECHR). The Report notes the importance of selecting only those candidates who fully meet the criteria of Article 21, paragraph 1 of the European Convention on Human Rights, in order to ensure fairness and transparency of the procedure. The CDDH reiterates the importance of full implementation of the Guidelines on the selection of candidates for the post of judge of the European Court of Human Rights, adopted by the Committee of Ministers of the Council of Europe.

Due to these, and a number of other reasons, the member of the BiH Presidency Denis Bećirović requested that the BiH Presidency be provided with complete information on the work of the Commission for conducting the procedure for the selection for the position of judge on behalf of the state of Bosnia and Herzegovina at the European Court of Human Rights in Strasbourg (ECHR) with a proposal for a conclusion on initiating the process of his election.

The fundamental guideline of Denis Bećirović's actions is advocating for consistent respect for the principles of constitutionality and legality, prescribed criteria, and the criteria of the legal profession and science, which as such should be the main guide in the work of all government bodies in Bosnia and Herzegovina.