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Achievements of SKPEKS in the First 6 Months of 2025
November 5, 2025
News

Six Months of Successful Work of the Sector for Criminal Assistance and Education in Criminal Matters before the Court of Bosnia and Herzegovina
Period: 1 January 2025 – 30 June 2025

Criminal Defense Section

What Has Been Achieved?

In the first half of 2025, the Criminal Defense Section of the Ministry of Justice of BiH was active and efficient in providing support to attorneys representing clients before the Court of BiH, particularly in the most complex and sensitive criminal cases, including war crimes.

Collaboration with International Courts

In cooperation with the International Residual Mechanism for Criminal Tribunals (IRMCT), the Section accomplished:

  • 42 official requests;
  • 130 documents successfully certified and timely delivered to attorneys.

The Criminal Defense Section (OKO) has exclusive authority to certify defense evidence obtained from the Electronic Documentation System (EDS) held by the IRMCT in The Hague. This unique authorization is especially important in war crimes cases, where evidence from the International Criminal Tribunal for the former Yugoslavia (ICTY) is often crucial for preparing the defense and ensuring each individual’s right to a fair trial.

Practical Implications:

  • The EDS contains digital evidence, including transcripts, videos, documents, witness statements, and other materials used in ICTY proceedings;
  • OKO can access the EDS as a registered and authorized user and search for and retrieve relevant evidence for the defense, either proactively or upon request by defense counsel;
  • Retrieved documents can be formally certified by OKO as authentic, confirming their origin from the IRMCT archives;
  • Certification is carried out after submission of an official request for certification, which OKO submits to the IRMCT on behalf of the defense;
  • Certified documents can be used in domestic proceedings with full legal effect, equivalent to regularly obtained evidence.

Network of Authorized Attorneys

Currently, 343 attorneys are authorized by this Sector to represent clients before Departments I, II, and III of the Court of BiH, distributed as follows:

  • Department I (War Crimes): 192 attorneys
  • Department II (Organized Crime, Corruption, Terrorism): 126 attorneys
  • Department III (Other Cases): 25 attorneys

This ensures a broad and professional network of defense counsel capable of representing accused persons in all types of cases.

Importance:

  • Efficient legal assistance is the foundation of fair trials and ensures the principle of equality of arms, a key element of the right to a fair criminal procedure under Article 6 of the European Convention on Human Rights;
  • The Criminal Defense Section ensures that no one is deprived of the right to defense, supporting the rule of law and the conduct of unhindered criminal proceedings that result in quality and sustainable judicial decisions;
  • Cooperation with international institutions strengthens the rule of law in BiH and confirms the country’s commitment to justice;
  • The role of defense attorneys in representing victims of crime is increasingly significant in BiH, given the absence of a state compensation fund for crime victims.

Conclusion:

In just six months:

  • 130 documents secured for defense in proceedings before the Court of BiH;
  • 343 attorneys authorized to provide professional legal support;
  • Ongoing enhancement of professional cooperation with international judicial mechanisms.

The right to defense is a fundamental guarantee of fairness in any democratic society. The Criminal Defense Section of the Ministry of Justice of BiH works daily to ensure this guarantee is upheld.

Education Section in Criminal Matters

What Has Been Achieved?

In the first half of 2025, the Education Section in Criminal Matters was active in organizing continuous professional development for attorneys across Bosnia and Herzegovina.

Participation in training is a legal obligation and a requirement for inclusion and maintenance on the List of Attorneys Authorized to Represent Clients before the Court of BiH.

Number of Trainings Conducted (Jan–Jun 2025):

  • 9 training sessions
  • 223 participants – attorneys from all regions of Bosnia and Herzegovina

Trainings were organized in multiple cities in cooperation with domestic and international partners.

Locations and Organization:

  • 3 trainings independently organized by the Ministry of Justice BiH: Tuzla, Jahorina, Mostar
  • 2 trainings in cooperation with regional bar associations in the Federation of BiH: Tuzla, Mostar
  • 3 trainings in cooperation with the Bar Association of Republika Srpska: 2 in Banja Luka, 1 in Jahorina
  • 1 two-day training in cooperation with the Council of Europe, continuing collaboration following a joint training in December 2024 under the Council of Europe project “Combating Corruption, Money Laundering, and Terrorism Financing”, including the topic: “Capacity Building for Attorneys in Combating Money Laundering.”

Training Topics:

  • Rights of suspects and accused persons during criminal proceedings
  • Command responsibility and superior responsibility
  • Right to a trial within a reasonable time
  • Communication in court
  • International legal assistance in practice
  • Rights of victims of human trafficking in criminal proceedings
  • Reverse burden of proof
  • Money laundering and financial crime
  • Indictment: from confirmation to verdict

Trainers:

Domestic and international experts from academia, judiciary, prosecution, and professional communities participated, covering theoretical and practical aspects of criminal law. Experts included:

  • Attorneys from entity bar associations (Federation of BiH and RS);
  • Judges from various courts (Court of BiH, Constitutional Court, Supreme Court RS);
  • Prosecutors from state and entity offices;
  • Representatives of international organizations and experts (Council of Europe);
  • NGO representatives (Center for Women’s Rights, Vaša Prava BiH);
  • Specialists from agencies and regulatory bodies (e.g., anti-money laundering investigators).

This multidisciplinary approach ensured comprehensive coverage of topics from legal, judicial, prosecutorial, academic, investigative, and international perspectives.

Organizational Activities:

Each training involved:

  • Planning topics and content based on analysis of case law and attorney practice before the Court of BiH;
  • Selecting qualified trainers and preparing engagement contracts;
  • Coordinating with domestic and international partners, bar associations, and participants;
  • Arranging venues, technical equipment, accommodation, meals, and transport;
  • Preparing and printing certificates, agendas, and promotional materials;
  • Managing activities on training days, including setup, participant reception, and staff coordination;
  • Post-training activities: program evaluation, participant feedback, reporting, database updates, and public communications.

Special Event – Annual Criminal Law Conference in Neum 2025

For the first time, the Ministry of Justice BiH, through the Sector for Criminal Assistance and Education and the Education Section, co-organized the XXIII Annual Criminal Law Conference, titled:
“Independent Judiciary in Bosnia and Herzegovina: Facing the Crimes of the Future – AI and Criminal Law” held 2–5 June 2025 in Neum.

The Section’s role included expert presentations on panels and all organizational activities mentioned above.

Importance:

  • Continuous training ensures high-quality legal assistance and professional standards for proper application of domestic and international law;
  • Training attorneys across BiH guarantees better access to justice for all citizens;
  • Cooperation with international institutions helps modernize the judicial system and align it with European and international norms.

Conclusion:

In six months:

  • 9 trainings conducted;
  • 223 attorneys participated in professional development;
  • Trainings organized in partnership with regional bar associations, RS Bar Association, and the Council of Europe;
  • Active participation in the most significant criminal law professional conference in BiH (Neum).

Through the work of the Education Section, the Ministry of Justice BiH continuously strengthens the capacities of the attorney profession, ensuring that legal assistance before the Court of BiH is professional, impartial, and compliant with the highest legal and ethical standards.

Responsibility and Legal Basis:

Under Article 6 of the Law on the Court of BiH, the Rules of Procedure of the Court of BiH, and relevant by-laws of the Ministry of Justice, all activities of the Sector for Criminal Assistance and Education are both an authority and obligation. Participation in these trainings is mandatory for attorneys to remain on the authorized list, without which they cannot obtain permission from the Sector to practice before the Court of BiH.

This emphasizes the level of responsibility of the Sector, as failure to fulfill obligations—by the Sector or by the attorneys—risks preventing attorneys from receiving authorization to practice before the Court, which would jeopardize the conduct of criminal proceedings requiring mandatory attorney participation.