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Rules of Procedure for
the Human Rights Chamber of Bosnia i Herzegovia

 

HUMAN RIGHTS CHAMBER

ESTABLISHED UNDER THE AGREEMENT ON HUMAN RIGHTS

(ANNEX 6 TO THE GENERAL FRAMEWORK
AGREEMENT FOR PEACE IN BOSNIA AND HERZEGOVINA)

RULES OF PROCEDURE

(adopted on 13 December 1996)

(amended on 15 May 1998)

PREAMBLE

The Human Rights Chamber,

Having regard to the Agreement on Human Rights (Annex 6 to the General Framework Agreement for Peace in Bosnia and Herzegovina) between the Republic 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 Agreement,

Adopts the present Rules:

TITLE I
Organisation of the Chamber

Chapter I
The Chamber

Rule 1

The Chamber, established under the Agreement as a judicial body, shall function in complete independence.

Rule 2

1. 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 Chamber.

Chapter 2
Members of the Chamber

Rule 3

1. The members of the Chamber shall serve in their personal capacity.

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."

Rule 4

1. 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 to the duration of their previous terms of office.

Rule 5

Resignation 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 Organisation for Security and Cooperation in Europe (OSCE) and the High Representative referred to in Annex 10 to the General Framework Agreement while such office exists.

Chapter 3
Presidency of the Chamber

Rule 6

The President of the Chamber shall direct the work of the Chamber and preside at its sessions.

Rule 7

1. The President shall also preside at the meetings of one Panel. The Vice-President shall preside at the meetings of the other Panel.

2. The term "President" shall in these Rules, where appropriate, include also any member acting as President.

Rule 8

1. 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 soon as the Panels have been constituted according to Rule 26 para 3.

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.

Rule 9

1. 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.

Rule 10

1. 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 by another member according to the order of precedence laid down in Rule 4.

Rule 11

Members of the Chamber shall not preside in cases relating to the Party by which they were appointed.

Rule 12

Where 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.

Chapter 4
Secretariat of the Chamber

Rule 13

1. The Executive Officer (and Deputy Executive Officer) of the Human Rights Commission shall be appointed jointly by the Ombudsperson and the President of the Chamber.

2. The Secretariat of the Chamber shall consist of the Registrar, the Deputy Registrar, and other administrative and professional staff appointed under Article III para. 1 of the Agreement.

3. The Registrar and the Deputy Registrar shall be appointed by the Chamber.

4. The staff of the Chamber, other than the Registrar and the Deputy Registrar, shall be appointed by the President of the Chamber after consultation with the Registrar.

5. The Registrar shall be subject to the direction of the President of the Chamber in respect of the Secretariat of the Chamber.

The Secretariat shall be based at the seat of the Chamber in Sarajevo.

Rule 14

1. 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 fulfilment of their duties:

(b) shall be the channel for all communications concerning the Chamber;

(c) shall have custody of the archives of the Chamber.

2. The Registrar shall be responsible for the publication of:

(a) the decisions of the Chamber;

(b) any other document as decided by the Chamber.

Rule 15

A 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.

Title II
The Functioning of the Chamber

Chapter 1
General Rules

Rule 16

1. The seat of the Chamber shall be in Sarajevo.

2. The Chamber may decide to hold sessions elsewhere if it thinks fit.

3. The Chamber may decide, at any stage of the examination of an application, that it is necessary that an investigation or any other of its functions be carried out elsewhere by it or one or more of its members.

Rule 17

1. The Chamber shall determine the number and dates of its sessions.

2. The Chamber shall meet at other times by decision of the President as circumstances may require. It shall also meet if at least one third of its members so request.

3. Members who are prevented by illness or other serious reason from attending all or part of any session of the Chamber or from fulfilling any other duty shall, as soon as possible, give notice thereof to the Registrar who shall inform the President.

Rule 18

1. All deliberations of the Chamber shall be and shall remain confidential. Only the Registrar, members of the Secretariat, interpreters, and persons providing technical or secretarial assistance to the Chamber may be present at its meetings, unless the Chamber decides otherwise.

2. At any stage in the examination of an application, the Registrar may communicate information to the press to an extent compatible with the legitimate interests of the parties and subject to any special directions by the Chamber.

Rule 19

1. After any deliberations and before a vote is taken on any matter in the Chamber, the President may request members to state their opinions thereon.

2. If the voting is equal, a roll call vote shall then be taken and the President shall have the casting vote.

3. In decisions on the admissibility of an application, or in expressing an opinion on a breach of the Agreement, members shall not abstain.

Rule 20

1. The records of the deliberations shall be limited to a record of the subject of the discussions, the votes taken, the names of those voting for and against a motion and any statements expressly made for insertion therein.

2. The records of hearings shall contain the names of the members present and of any persons appearing ; they shall give a brief account of the course of the hearing and of any decision taken.

Rule 21

1. Members shall not take part in the examination of an application before the Chamber,

where they;

(a) have any personal interest in the case;

(b) have participated in any decision on the facts on which the application is based as adviser to any of the parties or as a member of any tribunal or body of enquiry.

2. If, in any case of doubt with regard to paragraph 1 of this Rule, or in any other circumstances which might appear to affect the impartiality of members in their examination of an application, they or the President consider that they should not take part, the Chamber shall decide.

Rule 22

When, for any special reason other than under Rule 21, members consider that they should not take part or continue to take part in the examination of a case, they shall inform the President.

Rule 23

Any member who, under the provisions of Rule 21 or Rule 22, does not take part in the examination of an application, shall not form part of the quorum during such examination.

Chapter 2
The Plenary Chamber

Rule 24

The Plenary Chamber shall determine applications:

submitted by a Party according to Articles II para. 2 and VIII para. 1 of the Agreement;

(b) when a Panel has relinquished jurisdiction according to Rule 29 para. 2 of the Rules of Procedure;

(c) when the case has been referred to it under Rule 63.

Rule 25

A quorum of the Plenary Chamber shall consist of eight members.

Chapter 3
The Panels

Rule 26

1. There shall be two Panels set up under Article X para.2 of the Agreement.

2. The Panels shall be composed of four of the members appointed by the Committee of Ministers of the Council of Europe, two of the members appointed by the Federation of Bosnia and Herzegovina, and one of the members appointed by the Republika Srpska.

3. The Panels shall be constituted for a fixed period as determined by the Chamber.

4. The Chamber may make such special arrangements concerning the constitution of Panels as it sees fit.

Rule 27

When members of a Panel cease to be members of the Chamber before the expiration of the period for which the Panel was constituted, their successors in the Chamber shall succeed them as members of the Panel.

Rule 28

1. A quorum of a Panel shall be four members.

2. As a rule, the Panels shall meet during the sessions of the Plenary Chamber.

3. Where circumstances require, a Panel or, when it is not in session, its President upon consultation with the President of the Chamber, may decide that the Panel may meet when the Plenary Chamber is not in session.

Rule 29

1. Applications shall normally be referred to a Panel in accordance with general guidelines decided on by the Plenary Chamber.

2. Where a case pending before a Panel raises a serious question as to the interpretation of the Agreement or of any of the international agreements referred to in it, or where the resolution of a question before a Panel might have a result inconsistent with previous jurisprudence of the Chamber, the Panel may at any time before taking a final decision relinquish jurisdiction in favour of the Plenary Chamber.

3. The President may decide to refer to the Plenary Chamber any application not yet placed before a Panel for consideration in accordance with Rule 49 which, to her,

(a) appears to raise a serious question as to the interpretation of the Agreement or of any of the international agreements referred to in it, or

(b) appears to require a final decision to be taken without undue delay, or

(c) for any other justified reason appears to require such a course.

4. The President may, at any stage of the proceedings, proprio motu or on the suggestion of a Panel, decide to transfer an application from one Panel to another if she considers that such action is indicated to prevent the emergence of divergent case-law, or to redress an imbalance in workload, or for another reason warranted.

Title III
Procedure

Chapter 1
General Rules

Rule 30

1. The official languages of the Chamber shall be Bosnian, Croatian, English and Serbian.

2. The President may authorise a member to speak in another language.

3. The President may permit the use by a party or a person representing that party of a language other than an official language either in hearings or documents. Any such documents shall be submitted in an original and at least two copies.

4. The Registrar is authorised, in correspondence with an applicant, to employ a language other than an official language.

5. Interpreters or translators employed by the Chamber for its sessions or hearings shall make the following declaration before performing any duties:

"I solemnly declare that I will perform my duties as interpreter or translator faithfully, independently, impartially and with full respect for the duty of confidentiality."

Rule 31

The Parties to the Agreement shall be represented before the Chamber by their agents who may have the assistance of advisers.

Rule 32

1. Persons, non-governmental organisations, or groups of individuals claiming to be a victim of a violation by any Party or acting on behalf of alleged victims who are deceased or missing, may present and conduct applications under Article VIII para. 1 the Agreement.

2. Such applicants may appoint and be represented in proceedings before the Chamber by attorneys or other representatives of their choice.

3. Any such applicant or representative shall appear in person before the Chamber.

(a) to present the application in any hearing fixed by the Chamber, or

(b) for any other purpose, if invited by the Chamber.

4. The Chamber may exempt an applicant from being present on account of hardship, impossibility or other good cause.

5. In the other provisions of these Rules the term "applicant" shall, where appropriate, include the applicantís representatives.

Rule 32 bis

The Registrar shall forward to the Human Rights Ombudsperson any application received by the Chamber but addressed to the Human Rights Commission unless the applicant expressly specifies that the matter is to be dealt with by the Chamber.

Rule 32 ter

1. The Chamber may at any stage of the proceedings allow or invite any governmental or non-governmental body or organisation, individual, or group of individuals, and in particular a Human Rights Ombudsman appointed by the Federation of Bosnia and Herzegovina or the Republika Srpska, to participate as amicus curiae.

2. Such participation may be limited to factual or legal questions indicated by the Chamberís decision.

3. The Chamberís decision in the matter shall set out the procedure to be followed.

Rule 33

1. The Chamber may, proprio motu or at the request of a party, take any action which it considers expedient or necessary for the proper performance of its duties under the Agreement.

2. The Chamber may delegate one or more of its members to take any such action in its name, and in particular to hear witnesses or experts, to examine documents or to visit any locality. Such member or members shall duly report to the Chamber.

3. In case of urgency when the Chamber is not in session, the President of the Chamber or, if he is prevented from carrying out his duties, the Vice-President, may take any necessary action on behalf of the Chamber. As soon as the Chamber is again in session, any action which has been taken under this paragraph shall be brought to its attention.

Rule 34

The Chamber may, if it considers necessary, order the joinder of two or more applications.

Rule 35

1. The Chamber shall deal with applications in the order in which they become ready for examination.

2. The Chamber may, however, decide to give precedence to a particular application.

3. The Chamber shall give particular priority to allegations of especially severe or systematic violations and those founded on alleged discrimination on prohibited grounds.

Rule 36

1. Applications entailing requests for provisional measures shall be reviewed as a matter of priority. The Chamber, or when it is not in session, the President, shall determine in particular whether such applications should be accepted and, if so, whether high priority for the scheduling of proceedings on the provisional measures requested is warranted.

2. The Chamber or, when it is not in session, the President, shall decide whether, in the interest of the parties or the proper conduct of proceedings, any provisional measures should be ordered under Article X, para. 1 of the Agreement.

3. The Chamber or, when it is not in session, the President, shall bring any such order to the notice of the party concerned by any available means with a view to ensuring its effective implementation in accordance with the Agreement.

4. Where the President has ordered any provisional measures he shall report his action to the Chamber under para. 3 of Rule 33.

Chapter 2
Hearings

Rule 37

1. Hearings before the Chamber shall be held in public.

2. The press and public may be excluded from all or part of the hearing in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the Chamber in special circumstances where publicity would prejudice the interests of justice.

3. If the applicant is a non-governmental organisation or group of individuals, the Chamber shall ascertain that those appearing are entitled to represent it or them.

4. When it considers it in the interest of the proper conduct of a hearing, the Chamber may limit the number of the partiesí representatives or advisers who may appear.

5. The parties shall duly be informed of the Chamberís decision to conduct a hearing. The parties shall transmit to the Chamber at least ten days before the date of the opening of the hearing the names and functions of the persons who will appear on their behalf at the hearing.

6. The provisions of the present Rule shall apply mutatis mutandis to hearings before delegates of the Chamber, in accordance with Rule 33, para 2.

Rule 38

Where, without justified cause, a party fails to appear, the Chamber may, provided that it is satisfied that such a course is consistent with the proper administration of justice, proceed with the hearing.

Rule 39

1. Any individual applicant, expert or other person whom the Chamber decides to hear as a witness, shall be summoned by the Registrar. The summons shall indicate:

(a) the parties to the application;

(b) the facts or issues regarding which the person concerned will be heard;

(c) the arrangements made, in accordance with Rule 43, para. 1 or 2, to reimburse the persons concerned for any expenses incurred by them.

2. Any such persons may, if they have not sufficient knowledge of the official languages, be authorised by the President to speak in any other language.

Rule 40

After establishing the identity of the witnesses or experts the President or the principal delegate mentioned in Rule 33, para. 2, shall request them to make the following declaration:

(a) for witnesses:

"I solemnly declare upon my honour and conscience that I will speak the truth, the whole truth and nothing but the truth."

(b) for experts:

"I solemnly declare upon my honour and conscience that my statement will be in accordance with my sincere and expert belief."

Rule 41

1. The President, or the principal delegate, shall conduct the hearing or examination of any persons heard. He shall determine the order in which the parties shall be called upon to speak.

2. Any member may put questions to the parties or to the persons heard with the leave of the President or the principal delegate.

3. A party may, with the permission of the President or of the principal delegate, also put questions to any person heard.

Rule 42

1. The Registrar shall be responsible for the production of verbatim records of hearings before the Chamber.

2. Hearings before the Chamber shall be recorded on tape. The parties, or where appropriate, their representatives shall receive a draft verbatim record of their arguments, statements or evidence in order that they may propose corrections to the Registrar within a time-limit laid down by the President. After necessary corrections, if any, the text shall constitute certified matters of record.

Rule 43

1. The expenses incurred by any person who is heard by the Chamber as a witness or as an expert at the request of a party shall be borne either by that party or the Chamber as the Chamber may decide.

2. The expenses incurred by any such person whom the Chamber hears proprio motu shall be borne by the Chamber.

3. Where written expert opinion is obtained by the Chamber or at its request, any costs incurred shall be borne by the Chamber.

4. Where written evidence is submitted by a party at the request of the Chamber, any costs incurred shall be borne by that party or the Chamber as the Chamber may decide.

5. Where written evidence, including any expert evidence, is submitted by a party other than at the request of the Chamber any costs incurred shall be borne by that party unless the Chamber decides otherwise.

6. The amount of any costs or expenses payable by the Chamber under this Rule shall be agreed by the President.

Chapter 3
Amicable Resolutions

Rule 44

1. At the outset of a case or at any stage during the proceedings, the Chamber may attempt to facilitate an amicable resolution of the matter on the basis of respect for the rights and freedoms referred to in the Agreement.

2. If the Chamber succeeds in effecting such a resolution, it shall publish a Report and forward it to the High Representative referred to in Annex 10 to the General Framework Agreement while such office exists, the Secretaries General of the Organisation for Security and Co-operation in Europe (OSCE) and the Council of Europe, as well as to the parties to the case.

3. The Chamberís report shall include a brief statement of the facts and the resolution reached.

4. The report of a resolution in a given case may, however, be confidential in whole or in part where necessary for the protection of human rights or with the agreement of the Chamber and the parties concerned.

5. An amicable resolution of a case concluded by intervention of the Chamber has legal force equivalent to a final decision of the Chamber.

Chapter 4
Submission and Content of Applications

Rule 45

1. Any application made under Article VIII para .1 of the Agreement shall be submitted in writing and shall be signed by the applicant or by the applicantís representative.

2. Where an application is submitted by a non-governmental organisation or by a group of individuals, it shall be signed by those persons competent to represent such organisation or group. The Chamber shall determine any question as to whether the persons who have signed an application are competent to do so.

3. Where applicants are represented in accordance with paras 2 of Rule 32, a power of attorney or written authorisation shall be supplied by their representative or representatives.

Rule 46

1. Any application under Article VIII para. 1 of the Agreement shall set out:

(a) the identity of the applicant and any alleged victim including, where appropriate, the name, age, occupation and address of the person concerned;

(b) the name, occupation and address of the representative, if any;

(c) the name of the Party against which the application is made;

(d) a statement of the facts;

(e) a statement of the rights under the Agreement alleged to have been violated, and any relevant argument;

(f) a statement of any provisional measures or other remedies sought;

any relevant document.

2. Applicants shall furthermore:

(a) provide information as to whether the criteria referred to in Article VIII para. 2(a) of the Agreement have been satisfied;

(b) indicate whether the subject-matter of the application has already been submitted to the Chamber, the Ombudsperson, any other Commission established under the Annexes to the General Framework Agreement or any other international procedure of adjudication, investigation or settlement;

(c) indicate in which of the official languages they wish to receive the Chamber's decisions;

(d) indicate whether they do or do not object to their identity being disclosed to the public;

3. Applications, other than those presented by a Party or referred to the Chamber by the Ombudsperson, should normally be made on the application form provided by the Registrar.

4. Failure to comply with the requirements set out under paragraphs 1-3 above may result in the application not being registered and examined by the Chamber.

5. The date of introduction of the application shall in general be considered to be the date of the first communication from the applicant setting out, even summarily, the subject matter of the application. The Chamber may nevertheless for good cause decide that a different date be considered to be the date of introduction.

6. Applicants shall keep the Chamber informed of any change of their address and of all circumstances relevant to the application.

Chapter 5
Proceedings on the admissibility of an application

Rule 47

1. Where, pursuant to Article VIII para. 1 of the Agreement, an application is brought before the Chamber by a Party, the President of the Chamber shall give notice of such application to the Party against which the claim is made and shall invite it to submit to the Chamber its observations in writing on the admissibility of such application. The observations so obtained shall be communicated to the Party which brought the application and it may submit written observations in reply.

2. Before deciding upon the admissibility of the application the Plenary Chamber may invite the Parties to submit further observations, either in writing or at a hearing.

Rule 47 bis

The following shall apply to applications not referred to the Chamber by the Human Rights Ombudsperson:

The Chamber may declare inadmissible, or suspend consideration of, any application concerning an allegation of a violation of human rights which is currently pending before the Human Rights Ombudsperson.

Rule 48

In any case of urgency, the Registrar may, without prejudice to the taking of any other procedural steps, inform the respondent Party in an application, by any available means, of the introduction of the application and of a summary of its subject-matter.

Rule 49

1. Any application submitted pursuant to Article VIII para. 1 of the Agreement, other than one submitted by a Party to the Agreement, shall be placed before the Chamber which shall consider the admissibility of the application and the procedure to be followed.

2. The Chamber may declare at once that the application is inadmissible under the second paragraph of Article VIII of the Agreement or may decide to suspend consideration of, reject or strike out the application under para. 3 of Article VIII.

3. Alternatively, the Chamber may:

(a) request relevant information on matters connected with the application from the applicant or respondent Party concerned. Any information so obtained from the respondent Party shall be communicated to the applicant for comments;

(b) give notice of the application to the respondent Party against which it is brought and invite that Party to present to the Chamber written observations on the application. Observations so obtained shall be communicated to the applicant for any written observations in reply.

Rule 50

Before deciding upon the admissibility of the application, the Chamber may invite the parties:

(a) to submit further observations in writing;

(b) to submit further observations orally at a hearing on issues of admissibility and at the same time, if the Chamber so decides, on the merits of the application.

Rule 51

Time-limits shall be fixed by the Chamber for any information, observations or comments requested under Rule 49 or Rule 50.

Rule 52

1. Any decision of the Chamber on admissibility under Article VIII para. 2 of the Agreement shall be issued in writing and shall be communicated by the Registrar to the applicant and to the respondent Party.

2. Para. 1 of this Rule shall apply mutatis mutandis to any decision of the Chamber under Article VIII para. 3 to suspend consideration of, reject or strike out an application which has not already been declared admissible.

3.The decision of the Chamber shall state whether it was taken unanimously or by majority and shall be accompanied or followed by reasons.

4. Any member who has taken part in the consideration of the case shall be entitled to annex to the decision on admissibility either a separate opinion concurring with or dissenting from that decision, or a bare statement of dissent.

Chapter 6
Procedure after the Admission of an Application

Rule 53

1. After deciding to admit an application, the Chamber shall decide on the procedure to be followed:

(a) for the examination of the application under Article XI subpara. 1 (a) of the Agreement as to whether the facts found indicate a breach by the respondent Party of its obligations under the Agreement;

(b) with a view to securing an amicable resolution of the case under Article IX paras. 1 and 2.

2. The Chamber may invite the parties to submit further evidence or observations. The Chamber shall decide in each case whether such observations should be submitted in writing or orally at a hearing.

3. The Chamber shall lay down the time-limits within which the parties shall submit evidence and written observations.

Rule 54

The Chamber may, when it sees fit, deliberate with a view to reaching a provisional opinion on the merits of the case.

Rule 55

Where the Chamber decides to suspend consideration of, reject or strike out an application under Article VIII para. 3 of the Agreement, its decision shall be accompanied by reasons. The Registrar shall communicate the decision to the parties.

Chapter 7

The Decision of the Chamber on the Merits

Rule 56

Where a party fails to appear or to present its case, the Chamber shall, subject to the provisions of Rule 55, give a decision in the case.

Rule 57

The decision shall contain:

(a) the names of the President and the members constituting the Chamber or the Panel and also the names of the Registrar and where appropriate, the Deputy Registrar;

(b) the dates on which it was adopted and delivered;

(c) a description of the party or parties;

(d) the names of the representatives of the parties;

(e) an account of the procedure followed;

(f) a summary of the submissions of the parties;

(g) the facts of the case;

(h) the reasons in point of law;

(i) the operative provisions of the decision;

(j) the decision, if any, in respect of costs;

(k) the number of members constituting the majority.

Rule 58

The reasons in point of law and the operative part of the decision shall in particular address:

(a) whether the facts found indicate a breach by the respondent Party of its obligations under the Agreement; and, if so,

(b) what steps shall be taken by the Party to remedy such breach, including orders to cease and desist, and any provisional measures.

Rule 59

Where the Chamber finds that there is a breach of the Agreement, it shall in the same decision decide on any monetary relief (including relief for pecuniary and non-pecuniary injuries) if that question is ready for decision. If the question is not ready for decision, the Chamber shall reserve it in whole or in part and shall fix the further procedure.

Rule 60

1. The decision shall be signed by the President and by the Registrar.

2. The decision shall be read out by the President, or by another member of the Chamber delegated by him, at a public hearing in one of the official languages. It shall not be necessary for the other members to be present. The parties shall be informed in due time of the date and time of delivery of the decision.

3. However, in respect of a decision relating only to monetary relief according to Rule 59, the President may direct that the notification provided for under paragraph 4 of this Rule shall count as delivery.

4. The decision shall be transmitted by the Registrar to the parties concerned as well as the High Representative referred to in Annex 10 to the General Framework Agreement while such office exists, the Secretary General of the Council of Europe and the OSCE, and the Ombudsperson.

5. The original, duly signed and sealed, shall be placed in the archives of the Chamber.

Rule 61

Any member who has taken part in the consideration of the case shall be entitled to annex to the decision on the merits either a separate opinion concurring with or dissenting from that decision, or a bare statement of dissent.

Chapter 8

Publication of Decisions

Rule 62

1. The Registrar shall be responsible for the publication of decisions of the Chamber.

2. Any decision on the merits and any decision declaring an application admissible or inadmissible shall be publicly available. Other decisions shall be publicly available if the Chamber so decides.

3. The Parties to the Agreement may be requested to publish decisions of the Chamber in their Official Journals.

Chapter 9
Review Proceedings

Rule 63

1. Upon motion of a party to the case or the Ombudsperson the full Chamber may decide to review:

- a decision of a Panel declaring an application inadmissible under para. 2 of Article VIII of the Agreement;

- a decision of a Panel to reject an application under Article VIII para. 3 of the Agreement;

- a decision of a Panel on the merits of an application, including a decision on pecuniary or other remedies, under Article XI of the Agreement.

2. Any such request for review shall be made within one month of the date on which the Panelís reasoned decision is communicated to the parties under Rule 52 or delivered under Rule 60 and shall specify the grounds of the request.

Rule 64

1. Any request for review under Rule 63 shall be referred to the Panel which did not take the decision in question and that Panel shall make a recommendation to the Plenary Chamber as to whether the decision should be reviewed or not.

2. The Plenary Chamber shall consider the request for review and the recommendation of the Panel and decide whether to accept the request or not. It shall not accept the request unless it considers (a) that the case raises a serious question affecting the interpretation or application of the Agreement or a serious issue of general importance and (b) that the whole circumstances justify reviewing the decision.

Rule 65

1. If the Plenary Chamber accepts the request for review it shall decide on the procedure to be followed. It may invite the parties to submit written or oral observations or additional evidence on any aspect of the case.

2. During review proceedings the Plenary Chamber may make such orders for provisional measures as it thinks fit.

3. The Plenary Chamber shall decide any case in which it accepts a request for review . The provisions of Rules 55-61 shall apply mutatis mutandis.

Rule 66

1. Decisions of the Chamber shall be final and binding in accordance with para. 3 of Article XI of the Agreement.

Decisions of Panels which are reviewable under Rule 63 shall become final and binding:

(a) when the parties declare that they will not request review;

(b) when the time limit referred to in Rule 63 para. 2 has expired without any request for review

(c) when a request for review has been refused under Rule 64.

3. When a Panel takes a decision which is reviewable under Rule 63 it may order such provisional measures as it thinks fit to protect the interests of the parties until the decision becomes final and binding under the preceding paragraph.

4. After a request for a review has been made the Plenary Chamber may make any such order for provisional measures and may revoke or vary any such order made by the Panel which took the decision under review.

Title IV
Relations of the Chamber with the Office of the Ombudsperson

Rule 67

The President of the Chamber shall maintain close links with the Office of the Ombudsperson.

Rule 68

1. Where the Ombudsperson:

-(a) initiates proceedings on the basis of a Report in accordance with para. 7 of Article V of the Agreement; or

-(b) refers a case to the Chamber on behalf of an applicant under para. 1 of Article VIII of the Agreement,

the provisions of these Rules relating to proceedings instituted by other parties shall apply mutatis mutandis as if the Ombudsperson were a party to the proceedings.

2. In the cases provided for by the first paragraph of this Rule under (a) the Ombudsperson shall be entitled to refer all or part of the issues raised by the original application to the Chamber for consideration.

3. In any case other than those provided for by the first paragraph of this Rule the Ombudsperson may intervene at any stage as an amicus curiae.

4. The Chamber may in any case request the assistance of the Ombudsperson as amicus curiae. It may in particular request such assistance through the exercise by the Ombudsperson of the investigative powers conferred by Article VI of the Agreement.

Final Title

Rule 69

1. Any rule may be amended upon motion made after notice when such motion is carried by the Plenary Chamber by an absolute majority of all the members of the Chamber. Notice of such motion shall be delivered in writing to the Registrar at least one month before the session where it is to be discussed. On receipt of such notice of motion the Registrar shall be required to inform all members of the Chamber at the earliest possible moment.

2. Any Rule may be suspended by the Chamber or a Panel upon motion made without notice, provided that this decision is taken unanimously. The suspension of a Rule shall in this case be limited in its operation to the particular purpose for which suspension has been sought.

Rule 70

1. These Rules and any amendment to them shall, when adopted by the Plenary Chamber, be notified to the Parties to the Agreement, to the Secretaries General of the Council of Europe and the Organisation for Security and Co-operation in Europe and, while such office exists, to the High Representative referred to in Annex 10 to the General Framework Agreement for Peace in Bosnia and Herzegovina and to the Office of the Ombudsperson.

2. The Parties to the Agreement shall be requested to publish these Rules and any amendment to them in their Official Journals.

 

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