On 16 July 1998, the Security Council through Resolution 1184 (1998) called on UNMIBH to establish a programme to monitor and assess the judicial system in Bosnia and Herzegovina (BiH). That programme was designated the Judicial System Assessment Programme (JSAP) and has been fully operational in each of the seven UNMIBH regions since early November 1998. With the creation of JSAP, UNMIBH's efforts undertaken by IPTF vis-a-vis the police are complemented with parallel efforts in the court system within an overall framework coordinated by the High Representative. The ambit of JSAP’s activity encompasses not only criminal justice, but all types of civil litigation.

JSAP consists of seven Regional Teams and a Headquarters staff. The Regional Teams are each made up of two international legally qualified Judicial System Officers (JSOs), one National Professional Officer (NPO), who has Bosnian legal qualifications and experience, and two language assistants.

During the three month period from their deployment at the end of October 1998, all seven Teams have looked in particular at the institutional aspect of the judicial system. Certain specific issues have been looked at in depth by only some of the teams.

The core of the work on the institutional aspect has been the collection of data for every court on staffing, material resources, caseload and judicial background. These data are now held on a computerised data-base. All Teams have also investigated court financing and inter-Entity judicial cooperation.

The issues looked at in depth by some of the JSAP Teams have been as follows:

• Property and housing cases: Brcko, Bihac, Tuzla and Sarajevo Teams; 
• Registries of land and property: Mostar Team 
• The administration of criminal justice: Banja Luka, Doboj and Tuzla Teams; 
• Administrative litigation in commercial cases: Mostar Team; 
• Family cases: Bihac Team; 
• Employment cases: Bihac Team; 
• Minor offences: Sarajevo Team 
• Civil disputes: Mostar Team

The Regional Teams have carried out their assessments by holding discussions with participants in the judicial system, most frequently with judges, but also with Ministers of Justice, lawyers, prosecutors, court staff and others; by monitoring court proceedings and reviewing related documentation; and by analysing court registers and case-files. JSAP has, so far as possible, adopted a collaborative approach in its dealings with individuals in the judicial system and for the most part they have responded very positively. The work of JSAP has depended on liaison with other units within UNMIBH. Civil Affairs has provided guidance on the political context and work has been jointly undertaken with the IPTF and HRO on matters of mutual concern.

Report for the period November 1998 to January 1999
On 16 July 1998, the Security Council through Resolution 1184 (1998) called on UNMIBH to establish a programme to monitor and assess the judicial system in Bosnia and Herzegovina (BiH). That programme was designated the Judicial System Assessment Programme (JSAP) and has been fully operational in each of the seven UNMIBH regions since early November 1998. With the creation of JSAP, UNMIBH's efforts undertaken by IPTF vis-a-vis the police are complemented with parallel efforts in the court system within an overall framework coordinated by the High Representative. The ambit of JSAP’s activity encompasses not only criminal justice, but all types of civil litigation.

Thematic report I: Courts for Minor Offences, July 1999
JSAP=s assessment of CMOs in both Entities was conducted by holding discussions with ministers of justice, judges, prosecutors, court personnel, judicial and police officials, lawyers and parties to minor offences matters. Every minor offences court in Bosnia and Herzegovina has been visited or contacted by JSAP. Contact was also made with members of the international community, particularly IPTF local police advisors and human rights officers, and UNMIBH civil affairs officers. Randomly selected minor offences proceedings were monitored, court and case files and case registration and tracking systems were examined. Analysis of minor offences laws was also undertaken.

Thematic report II: Inspection of the Municipal public Prosecutors' Office in Livno, Canton 10, during 5-16 JULY 1999
UNMIBH has conducted an in-depth study of the functioning of the Livno Municipal Prosecutor’s Office (MPO), which covers Drvar as well as Livno. It follows continuing serious professional concern about the performance of that office, not least in relation to the double homicide of an elderly Serb returnee couple in Drvar in April in 1998 and the “Drvar riot” of 24 April 1998.

Interim report on delays and detention
In late 1999, JSAP began investigating various aspects of delay in the judicial system. As part of its consideration of delays in the criminal process, JSAP Banja Luka made an assessment of the effect of delayed proceedings on the actual length of detention of accused persons against whom there is no final verdict. In particular, the team visited the Tunjice Prison in Banja Luka on 20 December 1999 and obtained information on the current status of persons held there.

Thematic report III: ON arrest warrants, amnesty and trials in absentia
Investigation by the UNMIBH Judicial System Assessment Programme (JSAP) into the issue of arrest warrants began in mid-1999, following the arrest of two Serbs in Sarajevo Canton. There was a perception that warrants were being selectively enforced in order to discourage returns. Further research in the courts led, however, to the conclusion that selectivity in enforcement was not, in fact, an issue, but that there were a number of other problems.

Thematic report IV: Inspection of the Registry for companies and public institutions in Bihac, Una-sana canton
A healthy economy is a vital component of democratic society. Progress in Bosnia and Herzegovina towards achieving this requires reform aiming at establishing public trust in the functions carried out by public authorities in the economic sphere. With regard to the application of the laws on registration of companies and public institutions such reform must aim at greater public access both by law and in practice to the information submitted to the registry court. This is imperative to the protection of creditors of companies. For the above reasons the scrutiny of the handling of company registries by the courts was on the agenda of JSAP at an early stage of its assessment of the judicial system. A basic inquiry was made in several cantons during the first quarter of 1999, including the Una-Sana Canton. The findings of that inquiry, together with ample allegations of irregularities related to the registration of companies, was at the root of the subsequent proposal to carry out an inspection of the registry for companies and public institutions at the Cantonal Court in Bihac (‘sudski registar’).

Amnesty and return: A Report on Implementation of Amnesty Legislation in the RS
In 1999, Judicial System Assessment Programme (JSAP) inquiries into the issue and enforcement of arrest warrants led to concerns about implementation of amnesty legislation in both entities of Bosnia and Herzegovina. The grant of amnesty is one reason for a court to withdraw an arrest warrant against an accused person and it was not clear that this had always been done properly. The subsequent JSAP report on the subject, issued in December 1999, recommended, amongst other things, that “Implementation of the new Federation Law on Amnesty, as well as the current RS law, should be monitored.”

Thematic Report V ENFORCEMENT: Execution of court judgements in civil cases
JSAP’s general concern with the extent to which court decisions were enforced led it to look into the matter more closely in late 1999 and this report is the result of that research. It focuses on three areas - enforcement of pecuniary judgements, eviction orders and re-instatement in employment.

Thematic Report VI EXPERT EVIDENCE: The use and misuse of court experts
In mid-1999, JSAP began an inquiry into the court expert system and this report is the result of that research. It looks at the system of appointment both generally and in individual cases, the financing of court experts, the quantity and quality of their reports and the possibility of abuse of the system in high profile and sensitive cases.

Thematic Report VII: JSAP and the Judicial Review Process in Bosnia and Herzegovina
In 1998, a consensus began to develop among international observers that one of the reasons for the slow pace of implementation of the Dayton Agreement was the lack of “rule of law” and an independent judiciary in Bosnia and Herzegovina (BiH). In July 1998, the UN Security Council created the UNMIBH Judicial System Assessment Programme (JSAP), whose mandate was to monitor and assess the country’s court system. In December 1998, at its meeting in Madrid, the Peace Implementation Council declared that “(b)uilding the rule of law, founded upon an independent judiciary and a reliable police force, will be a top priority for 1999.”

Thematic Report VIII PROSECUTING CORRUPTION: A Study of the Weaknesses of the Criminal Justice System in Bosnia and Herzegovina
It is the task of the criminal justice system to deter corruption in society through the successful prosecution and punishment of individuals engaged in corrupt activity. The criminal justice system in BiH, however, does not efficiently process cases and does not promote the effective prosecution of corruption cases.

Thematic Report IX POLITICAL INFLUENCE: The Independence of the Judiciary in Bosnia and Herzegovina
The many constitutions of Bosnia and Herzegovina (BiH) proclaim the independence of the judiciary, but there is little recognition that simply stating it does not make it a fact. More than five years after those declarations, it is clear from JSAP’s many interviews with the judiciary and from following cases through the court system that the judges do not truly consider themselves independent and that they are not treated as such by the other branches of government or other forces in society. Institutionalising judicial independence is a part of building democracy in BiH. The de-linking of the legislature, executive and judiciary is necessary to create the conditions in which the judiciary can operate as a truly independent institution, contributing to the rule of law.

Thematic Report X SERVING THE PUBLIC: The Delivery of Justice in Bosnia and Herzegovina
This report addresses both JSAP research into the causes of delay conducted in early 2000 and the question of judicial effectiveness and efficiency generally, based on the findings of JSAP over its two-year life, and on the premise that the judiciary should answer to the broader demands of the society it serves.