Plea Agreements in Bosnia and Herzegovina: Practices before the courts and their compliance with international human rights standards

Plea agreements have become one of the core mechanisms within the criminal procedure of Bosnia and Herzegovina since its introduction in 2003. As part of the extensive reforms of the criminal justice system, this common law based mechanism allows prosecutors and defendants to negotiate aspects of sentencing, provided the defendant admits fully to the crime and agrees to give up certain key rights, such as the rights to public trial and to appeal. Following nearly two years of monitoring plea agreement proceedings, the Organisation for Security and Cooperation in Europe’s Mission to Bosnia and Herzegovina (“OSCE”) believes that developments in the application of this mechanism deserve a full and thorough analysis. This thematic report looks specifically to discuss the degree to which the implementation fully complies with fundamental international human rights standards, including the right to a fair trial, as embodied in Article 6 of the European Convention on Human Rights. In this regard, the Report aims to assist practitioners in identifying problem areas in its implementation and possible solutions, as well as to provide the public with greater information on the process.