private accounts. In December 2001, the Cantonal Court issued a "DECISION FOR DETENTION" and a warrant for the arrest of Sacirbey, "the former Ambassador of [Bosnia] at the Permanent Mission of [Bosnia] with the UN," "because there is a well-founded suspicion that [he] committed the criminal act of abuse of official position or authority." In January 2002, Bosnia submitted to the United States a request for Sacirbey's extradition.
In 2003, Bosnia converted from the civil-law system to a common-law system, and investigative functions that had been vested in the courts were transferred to independent prosecutors. In August 2003, the Sarajevo Cantonal Court transferred the Sacirbey matter to the Sarajevo Cantonal Prosecutor's office for appropriate action. The Bosnian court reforms also included the establishment of the National Court, which servesfunctions similar to those of the federal courts in the United States. Because Sacirbey was alleged to have abused his position as a representative of the Bosnian nation, the Sacirbey investigation, which had been transferred by the Sarajevo Cantonal Court to the Sarajevo Cantonal Prosecutor, was then transferred from the Cantonal Prosecutor to the office of the National Prosecutor.
The majority's notion that the Bosnian Ministry of Justice's representation that the Bosnian National Court "will proceed" in Sacirbey's case (2005 Bosnian Embassy Letters) means that the Court may merely conduct or "permit[]" "further investigation," Majority Opinion ante at 24, is belied by the facts that, pursuant to Bosnia's judicial reforms, the investigation of Sacirbey had already been transferred from court to independent prosecutor, and under the Bosnia CPC, adopted