FOR BOSNIA AND HERZEGOVINA
on 13 December 1996
(Amended on 15 May and 11 September 1998, on 8 March 2001, on 4 November 2002
and on 8 March 2003)
Human Rights Chamber,
the Agreement on Human Rights (Annex 6 to the General Framework
Agreement for Peace in Bosnia and Herzegovina) between the
of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina
and the Republika Srpska, hereinafter called the "Agreement";
- pursuant to Article X paras. 1 and 2 and Article XII of
the present Rules:
ORGANISATION OF THE CHAMBER
Independence of the Chamber
Chamber, established under the Agreement as a judicial body,
shall function in complete independence.
Plenary Chamber and Panels
The Chamber sits in plenary session and in Panels set up under
Article X para. 2 of the Agreement.
2. Unless otherwise stated, the terms "Chamber"
and "President" in these Rules shall mean "Panel"
and "President of the Panel" in relation to cases
referred to Panels, and "Chamber" and "President
of the Chamber" in relation to cases referred to the
Members of the Chamber
Irremovability of members and solemn declaration
The members of the Chamber shall serve in their personal capacity
as judges and may not be removed from their office during
their term as
defined in Article VII (3) of the Agreement.
2. Before taking up their duties, members of the Chamber shall,
at the first meeting of the Chamber at which they are present
after their appointment, make the following solemn declaration:
"I solemnly declare that I will exercise all my powers
and duties honourably and faithfully, impartially and conscientiously
and that I will keep secret all Chamber proceedings."
Order of precedence
Members of the Chamber shall take precedence after the President
and Vice-President according to the length of time they have
been in office.
2. Members having the same length of time in office shall
take precedence according to age.
3. Re-appointed members shall take precedence having regard
duration of their previous terms of office.
Resignation of a member
of a member shall be notified to the President of the Chamber
who shall transmit it to the Parties, the Secretaries General
of the Council
of Europe and the Organization for Security and Co-operation
in Europe (OSCE) and the High Representative referred to in
Annex 10 to the General Framework Agreement while such office
Presidency of the Chamber
Duties of the President of the Chamber
President of the Chamber shall direct the work of the Chamber
and preside at its sessions.
Presidency of the Panels
The President shall also preside at the meetings of one Panel.
The Vice-President shall preside at the meetings of the other
2. The term "President" shall in these Rules, where
include also any member acting as President.
Election of the Vice-Presidents of the Chamber and of the
The Chamber shall elect its Vice-President for a term of office
of one year.
2. Each Panel, voting separately, shall elect its Vice-President
as the Panels have been constituted according to Rule 26 para.
3. The elections shall be by secret ballot; only the members
present shall take part.
4. Election shall be by an absolute majority of the members.
If no member receives such a majority, a second ballot shall
take place. The member receiving the most votes shall then
be elected. In the case of equal voting
the member having precedence under Rule 4 shall be elected.
Duties of the Vice-Presidents of the Chamber and of the Panels
The Vice-President shall take the place of the President of
the Chamber if the latter is prevented from carrying out the
duties of President or if the office of President is vacant.
2. The Vice-President of a Panel shall take the presidency
of the Panel if the President or the Vice-President is prevented
from carrying out his duties or if the office of President
of the Panel is vacant.
3. The President of the Chamber may delegate certain functions
to the Vice-President.
Substitution for the President and the Vice-President
If the President of the Chamber and the Vice-President are
at the same time prevented from carrying out their duties,
or if their offices are at the
same time vacant, the duties of President of the Chamber shall
be carried out by another member according to the order of
precedence laid down in Rule 4.
2. If the persons presiding at the meetings of a Panel according
to Rules 7 and 9 are prevented from carrying out their duties
in respect of the Panel,
or if their offices are at the same time vacant, their duties
shall be carried out by another member according to the order
of precedence laid down in Rule 4.
Withdrawal of the President or the Vice-President
the President of the Chamber or the Vice-President for some
special reason consider that they should not preside in a
particular case, they shall be replaced in accordance with
the provisions of Rule 9 and Rule 10.
Secretariat of the Chamber
Appointment of the Executive Officer, the Registrar and other
1. The Secretariat of the Chamber shall consist of the Executive Officer, the Registrar, the Deputy Registrars and other administrative and professional staff.
2. The Registrar and the Deputy Registrars shall be appointed by the Chamber.
3. The Executive Officer shall be appointed by the President of the Chamber.
4. The Executive Officer and the Registrar shall be subject to the direction of the President of the Chamber in respect of the Secretariat of the Chamber.
5. The staff of the Chamber, other than the Executive Officer, the Registrar and Deputy Registrars, shall be selected by the Executive Officer and the Registrar after consultation with the President, and thereafter appointed by the President.
6. Staff employed by the Chamber shall either sign a written
statement of confidentiality also signed by a witness or make
the following declaration at the next session before
performing any duties:
“I solemnly declare that I will perform my duties faithfully,
independently, impartially and with full respect for the duty
7. The Secretariat shall be based at the seat of the Chamber in Sarajevo.
Duties of the Registrar
The Registrar shall, under the direction of the President,
be responsible for the work of the Secretariat and, in particular:
a) shall assist the Chamber and its members in the
of their duties;
b) shall be the channel for all communications concerning
c) shall have custody of the archives of the Chamber.
2. The Registrar shall be responsible for the publication
a) the decisions of the Chamber;
b) any other document as decided by the Chamber.
The register of applications
special register shall be kept at the Secretariat in which
shall be entered the date of registration of each application
and the date of the termination of the relevant proceedings
before the Chamber.