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The decisions of the Human Rights Chamber, under Article XI.3 of Annex 6, are also final and binding. Annex 6, as well as the Rules of Procedure of the Human Rights Chamber, did not further specify that aspect. On the entry into force of the Rules of Procedure of the Human Rights Commission within the BiH Constitutional Court in 2005, a regulation similar to that existing in the Rules of the Constitutional Court, present version, was introduced into Rule No. 62.3814

The decisions of the Human Rights Chamber, in the best case scenario, might have been subject to review within the Chamber, under Article X, paragraph 2 of Annex 6, i.e., they might have been modified. The review procedure was specified in Rule No. 63 et seq. of the Rules of Procedure of the Human Rights Chamber. Unlike the review procedure within the BiH Constitutional Court, the initiation of which presumed the existence of new facts unknown to the Constitutional Court which might have affected the outcome of the procedure, a presumption for filing a request for review before the Chamber related to presenting doubts about the interpretation and application of Annex 6, or it may have related to the general interest, some general situation which would justify a decision on review (Rule No. 64, paragraph 2). As of 1 January 2004, when the Human Rights Commission within the BiH Constitutional Court had enacted its own Rules, the review was ruled out. Under the mentioned Rules, as well as under the Rules from 2006 and 2007, it was possible to review only the decisions of the Human Rights Chamber, and not the decisions of the Human Rights Commission within the BiH Constitutional Court adopted subsequently.


Footnotes

  1. The complete text of the Rules of the Chamber and the Commission is available at:<www.hrc.ba>.

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