3. OVERVIEW OF THE IMPLEMENTATION OF OBLIGATIONS SET FORTH
BY THE 2006-2009 STRATEGY
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1.1
Legislation
Compile draft amendments to
the BiH Law on Criminal
Procedure and the BiH Criminal
Law with the aim of including
international instruments and
standards (in particular UN and
EU standards) in the field of the
antiterrorist fight.
Responsible body
Deadlines
The BiH Ministry of 6 months from the
Security and the BiH adoption of the
Ministry of Justice
Strategy.
A comprehensive analysis of the portion of the BiH Criminal Law pertaining to terrorism was
carried out, and it was established that the Law, to a great degree, was in agreement with
international instruments and standards but required some corrections, primarily a clearer and
more encompassing definition of some provisions and terms; it was also established that BiH
needed to begin implementing international instruments and standards to which the country
subscribed after 2003. Along those lines, in November 2006, the BiH Ministry of Security
agreed with UNDOC and the Council of Europe to initiate the work on Draft Amendments to
the BiH Criminal Law, that is to say to the portion of the Law pertaining to terrorism, through
the Technical Assistance Programme. Along with domestic experts, OHR, CoE, and UNODC
experts also took part in the drafting process. The Law on the Amendments to the BiH Law on
Criminal Procedure was adopted on 30 December 2009. The BiH Law on Criminal Procedure
– Amendments to the BiH Law on Criminal Procedure - was published in BiH Official Gazette
58/8, and it included the recommendations of the BiH Ministry of Security.
1.2
Compile a Draft Law on the
Fight against Terrorism and
Financing of Terrorism as lex
specialis, in parallel with the
activities on the drafting of
amendments to the BiH
Criminal Law and the BiH Law
on Criminal Procedure in item
1.1.
The BiH Ministry of 6 months from the
Security and the BiH adoption of the
Ministry of Justice
Strategy.
A preliminary analysis of the BiH Criminal Law and talks with OHR, CoE, and UNODC
experts led to the joint position that only Amendments to the BiH Criminal Law should be
tackled, and that adopting a separate law on terrorism as lex specialis was superfluous.
1.3
Carry out an analysis and draft a
proposal of amendments to the
Law on State Agencies – OSA,
SIPA, SBS (taking into account
activities in items 1.1 and 1.2)
The BiH Ministry of 6 months from the
Security
adoption
of
the
(taking into account the
Strategy.
already conducted
activities of the OHR
Security Sector Reform
Working Group)
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