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This report is the result of joint efforts by the OSCE Mission to Serbia and the Office for Democratic Institutions and Human Rights (ODIHR) to monitor the nomination and election processes for peer elections of judges and prosecutors in Serbia to the High Judicial Council (HJC) and the State Prosecutors’ Council (SPC), respectively, conducted from October to December 2015. The Lawyers’ Committee for Human Rights (YUCOM), a Serbian nongovernmental organization, also served as an implementing partner. This monitoring was conducted in consideration of ongoing judicial and legal reform initiatives in Serbia as part of a broader National Justice Reform Strategy and ongoing reforms for accession to the European Union (EU). Activities included monitoring nomination processes (in selected courts and prosecutor’s offices), monitoring peer elections across Serbia, analyzing the underlying legal framework, and interviewing judges and prosecutors who participated in the process.

The present report summarizes the objective, results and activities of the project “Supporting the transfer of knowledge in war crimes cases among the national jurisdictions of the former Yugoslavia and with the ICTY” (War Crimes Justice Project Phase II), implemented by ODIHR under its Rule of Law program. ODIHR’s Rule of Law work focuses on the following areas: judicial independence, trial monitoring, criminal justice reform, administrative justice, electoral dispute resolution and war crimes justice.

The Expert Forum aimed to offer participants the opportunity to discuss and to exchange experiences and good practices related to the current criminal justice and judicial reforms in the region. During the six plenary sessions and four working groups, participants discussed the following issues: investigative measures at the pre-trial stage, the use of preventive measures including alternatives to detention, rules of evidence, the status and role of defence lawyers, jury trials, the division of offences in the criminal sphere, plea bargaining and abbreviated procedures, and the impact of justice actors’ gender on justice delivery.

At the outset, the OSCE/ODIHR notes that the Law generally complies with international anti-corruption standards, as well as with relevant OSCE commitments. Some improvements may be considered, in particular: • no outside body or actor should control or influence the Bureau; • limiting the appointment of the Head of Bureau to a single term; • creation of one or more advisory committees; • mechanisms of the Bureau should be strengthened in the course of its investigations.

This Opinion analyzes the provisions of the draft Law against the background of its compatibility with relevant international human rights standards and OSCE commitments.

The Opinion raises key issues and provides indications of areas of concern. In the interest of conciseness, the Opinion focuses more on areas that require amendments or improvements rather than on the positive aspects of the Draft Law. The ensuing recommendations are based on international standards related to the prevention of and protection from domestic violence, and prosecution of perpetrators, as well as on relevant OSCE commitments. The Opinion will also seek to highlight, as appropriate, good practices from other OSCE participating States in this field.