Following a request by BIRN BiH for more transparency in the justice system, the State Prosecution has started publishing redacted factual descriptions from confirmed indictments on its website.
Bosnian courts and prosecution offices are restricting access to information on cases, making it harder for media to report on war crimes and corruption cases, although the law states that trials are open to the public.
Bosnian courts and prosecution offices are restricting access to information on cases, making it harder for media to report on war crimes and corruption cases, although the law states that trials are open to the public.
Bosnia and Herzegovina should step up the prosecution of wartime crimes and uphold the human rights of all civilian war victims, a new Council of Europe report says.
All war crimes trials must be public, as well as the full names of the perpetrators, while the current practice of anonymisation of suspects should end, a conference in Sarajevo heard.
Indictments and verdicts for war crimes and other grave offences should be made public so people can learn the truth about past atrocities, a working group of the Bosnian top judicial body said.
With several thousand signatures, as well as with other ways of supporting the campaign Stop Censorship on War Crimes, Balkan Investigative Reporting Network (BIRN) succeeded in encouraging the authorities to admit that anonymisation cannot be applied to serious crimes, including war crimes.
Vasvija Vidovic, a long-time lawyer with legal experience before domestic and international institutions, writes about the necessity for publicity of criminal proceedings and denies criticism that witnesses can be influenced in their testimonies by media reports.
Although the European Court of Human Rights had the ability to do so, it did not ordered to Bosnia and Herzegovina to repeat its proceedings in the case of Damjanovic and Maktouf, but it deemed sufficient to conclude that their rights were violated and to award them the litigation costs. Thus, Bosnia and Herzegovina has no obligation to repeat these two proceedings in order to implement the verdict of the European Court.
The High Judicial and Prosecutorial Council, HJPC, concludes that courts and prosecutions are not obliged to anonymise their acts, but they should take care of the balance between public and private interests.