OSCE holds a Consultative Meeting on Transparency of War Crimes Trials and Public Availability of Judicial Decisions

Sarajevo, 25 June 2024 – Today, the OSCE Mission to Bosnia and Herzegovina convened a consultative meeting with judicial counterparts in Sarajevo. The participants discussed the Instruction on Anonymization and Guidelines for Publication of Judicial and Prosecutorial Decisions’ implications, recently adopted by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC), in war crimes trials.

A strict interpretation of the new regulatory framework suggests that information regarding adjudicated facts and individual criminal responsibility will be substantially limited, with full anonymization of details about defendants and the context of the crime. This practice could negatively impact transitional justice processes in the country, increase the risk of greater disinformation and denialism, and aid the glorification and minimization of past atrocities.  

“Increasingly brazen and public attempts by divisive leaders in BiH to undermine and cast doubt upon judicially-established facts underscore the urgent need to enhance public awareness of the judiciary’s work. Indeed, the judiciary’s work must not just be done but must also be seen to be done by BiH’s citizens,” said Ambassador Brian Aggeler, Head of the OSCE Mission to BiH. “Transparency of judicial proceedings is essential to ensuring accountability to the BiH public and citizenry, thereby also contributing to the wider goals of transitional justice.“

The meeting aimed to exchange views with judiciary representatives, including from the Constitutional Court of BiH, HJPC, court presidents,chief prosecutors, international counterparts, and academia. The discussion centered on the scope of new rules and how to ensure that they do not negatively impact transparency in war crimes cases.