SELAK: HJPC’S LETTER PRESSURE AND SERIOUS BLOW TO JUDICIAL INDEPENDENCE

BANJA LUKA, MARCH 12 /SRNA/ – Republika Srpska Justice Minister Goran Selak stated that the High Judicial and Prosecutorial Council /HJPC/ of BiH’w letter sent to courts regarding the request to remove SNSD leader Milorad Dodik from the register of political parties is, at the very least, legally problematic and represents unacceptable interference in judicial proceedings.

"The HJPC is not a party to the proceedings, nor does it have procedural legitimacy to initiate or accelerate actions in cases before the court. The procedure for banning the work of, or removing the leader of a political organisation from the register is initiated exclusively ex officio by the court or at the proposal of the competent prosecutor. Any attempt to influence that process from the outside represents direct pressure on the court," Selak emphasized. The Republika Srpska Minister of Justice recalled that the HJPC is a regulatory body whose role is to ensure the functioning of the judicial system, but that it has no authority to supervise the merits of judicial decision-making in individual cases. "Requesting that the court provide information within eight days about the ‘activities undertaken regarding the removal’ directly interferes with the independence of the acting judge and the court president. The HJPC may request statistical data or general information about the duration of proceedings, but it must not influence their outcome," Selak stated. He warned that such actions could jeopardize the fundamental principle of judicial independence. "Letters suggesting what the court should do mean assuming the role of a judge. This represents an overstepping of legal authority and a serious blow to the independence of the judiciary. The Ministry of Justice of Republika Srpska believes that such interventions are not in accordance with constitutional principles and may undermine the integrity of the judicial system," Selak concluded.