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Under Annex 6, the Human Rights Chamber has no means whatsoever at its disposal for the enforcement of its decisions. The signatories to Annex 6, under Article XI.6 of Annex 6, are obliged to fully implement the decisions of the Chamber. Besides, under Article XI.5 of Annex 6, the Chamber is obliged to inform the OHR, the Secretary General of the Council of Europe and the OSCE about its decisions. In the decision, the parties to the proceedings are regularly given a time limit within which to inform the Chamber of the activities they undertook in order to enforce the decision. The objective thereof is to make it possible for the Chamber to follow the enforcement of its decisions. If no report has been submitted, or if it carries confirmation as to the omissions in the enforcement of a judgment, the Chamber shall inform the OHR. In general, in addition to the OHR, the Chamber also informs the OSCE and IPTF of the adoption of provisional measures, in order for all the organisations to be able to follow up on whether the defendant has complied with the said measures.3831

A norm was enacted as part of the Rules of the Human Rights Commission within the BiH Constitutional Court from 2005 which is similar to the norm referred to in Article 74 of the Rules of the BiH Constitutional Court, present version. Namely, the Commission establishes the measures and orders to be employed, as well as the time limit within which to enforce the decision (Rule No. 62, paragraph 2). All State authorities are obliged to enforce the decisions of the Commission within the scope of their legal and constitutional competence (Rule No. 62, paragraph 1).


Footnotes

  1. HRC, 2000, p. 12.

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