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)
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:
Organisation of the Chamber
The Chamber, established under the Agreement
as a judicial body, shall function in complete independence.
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
Members of the Chamber
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
"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
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.
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.
Presidency of the Chamber
The President of the Chamber shall direct the
work of the Chamber and preside at its sessions.
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.
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.
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.
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.
Members of the Chamber shall not preside in cases
relating to the Party by which they were appointed.
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.
Secretariat of the Chamber
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
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.
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
2. The Registrar shall be responsible for the
(a) the decisions of the Chamber;
(b) any other document as decided by the
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 Functioning of the Chamber
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.
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.
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.
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.
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.
1. Members shall not take part in the examination
of an application before the Chamber,
(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.
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
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.
The Plenary Chamber
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.
A quorum of the Plenary Chamber shall consist
of eight members.
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
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.
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.
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.
1. Applications shall normally be referred to
a Panel in accordance with general guidelines decided on by the
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
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
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."
The Parties to the Agreement shall be represented
before the Chamber by their agents who may have the assistance
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
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
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.
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
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.
The Chamber may, if it considers necessary, order
the joinder of two or more applications.
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.
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.
1. Hearings before the Chamber shall be held
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.
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.
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.
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
(b) for experts:
"I solemnly declare upon my honour and conscience
that my statement will be in accordance with my sincere and
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
3. A party may, with the permission of the President
or of the principal delegate, also put questions to any person
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.
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.
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.
Submission and Content of Applications
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.
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,
(c) the name of the Party against which the application
(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
(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.
Proceedings on the admissibility of an application
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.
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
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.
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.
Time-limits shall be fixed by the Chamber for
any information, observations or comments requested under Rule
49 or Rule 50.
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.
Procedure after the Admission of an Application
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.
The Chamber may, when it sees fit, deliberate
with a view to reaching a provisional opinion on the merits of
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.
The Decision of the Chamber on the Merits
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.
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
(c) a description of the party or parties;
(d) the names of the representatives of the
(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
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.
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.
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.
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.
Publication of Decisions
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.
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.
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.
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.
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.
Relations of the Chamber with the Office of the Ombudsperson
The President of the Chamber shall maintain close
links with the Office of the Ombudsperson.
1. Where the Ombudsperson:
-(a) initiates proceedings on the basis of a
Report in accordance with para. 7 of Article V of the Agreement;
-(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.
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
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.
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