The High Judicial and Prosecutorial Council (HJPC) of Bosnia and Herzegovina issued a strong statement regarding the recent media and political attacks on Gordana Marić, judge of the District Commercial Court in Banja Luka, who is presiding over the case between RTRS and BHRT.
The HJPC called on all actors to immediately stop trying to influence the outcome of court proceedings.
On the occasion of a series of media announcements, contributions and statements of individual political representatives, the HJPC called on all actors to behave responsibly in accordance with the Constitution of BiH, the European Convention for the Protection of Human Rights and international and domestic regulations that directly prohibit any form of unauthorized influence on the independence of the court.
“Judges make their decisions independently and impartially based on the law, facts and evidence presented in the proceedings. Attempts to put pressure on the court or an individual judge will in no way have an impact on the court’s decision,” the HJPC stressed.
They add that this kind of court work is a universal democratic guarantee for citizens and parties in the proceedings that they will have a fair trial, impartial decision-making and a decision strictly based on the law.
This institution warns that any attempt to discredit judges during the proceedings undermines citizens’ trust in the judicial system and creates an unfounded feeling of a lack of legal protection, which is not based on objective indicators of the work of the courts in BiH.
Violation of the Constitution of Bosnia and Herzegovina and the European Convention
The press release emphasizes that political and media attacks, as well as the use of certain media to put pressure on an individual judge, represent a direct violation of the fundamental principles of the Constitution of Bosnia and Herzegovina.
In particular, the principle of the rule of law and the separation of powers (Article I/2 of the Constitution of BiH) is being violated. This article clearly establishes that the basic pillar of the rule of law is the absolute independence of the judicial branch of government from the legislative and executive, as well as from all extra-institutional pressures. Also, the right to a fair trial and an independent court prescribed by Article II/3.e of the Constitution of BiH is threatened.
“The independence of the court does not only refer to the absence of direct instructions, but also implies protection from external influence and illegitimate pressure from the public,” explained the HJPC.
This kind of behavior, as stated, also conflicts with the direct application of the European Convention. In accordance with Article 6 (Right to a fair trial), the European Court of Human Rights emphasizes in its practice that the judiciary must be protected from unfounded and destructive attacks in the media.
Although the media have the right to freedom of reporting (Article 10 of the European Convention), the HJPC reminds that this freedom is not unlimited. “It ends where the threat to the authority and impartiality of the judiciary begins,” the Council clearly says, referring to paragraph 2 of the aforementioned article.
A clear line between criticism and lynching
The HJPC also refers to the Recommendation of the Committee of Ministers of the Council of Europe (CM/Rec(2010)12), which expressly states that judges must not be exposed to personal attacks, intimidation or media campaigns aimed at undermining public trust because of the decisions they make within their legal authority.
In addition, the Opinion of the Consultative Council of European Judges (CCJE No. 1 and No. 18) draws a clear line between legitimate professional criticism of court decisions and impermissible media pressure and personalized attacks that undermine the personal and professional integrity of judges.
Due to the overall situation, the HJPC of BiH made a clear and unambiguous request at the end of the announcement:
“Due to all of the above, the HJPC of Bosnia and Herzegovina has the obligation to call on all political actors and media representatives who are campaigning against the judge of the District Commercial Court in Banja Luka to immediately stop their activities.”
