News in English     | 19.04.2019. 16:15 |

OSCE presents report on judicial response to corruption in BiH

FENA Vernera Jakupović

SARAJEVO, April 19 (FENA) - The second OSCE report, based on the monitoring of judicial processing of corruption cases in Bosnia and Herzegovina, does not contain encouraging conclusions, especially when it comes to the prosecution of the high level corruption.

The general assessment is that corruption is widespread in BiH, and that international stakeholders, including the United States, the OSCE and the European Union, are ready to help combat this devastating social phenomenon due to which citizens are exposed to unemployment and inability to start their own business, and young educated people find themselves in hopelessness, forced to leave their homeland, stated today the officials from the Embassy of the United States of America in BiH, the OSCE Mission and the Delegation of the European Union, participants of the conference in Sarajevo at which the OSCE report was presented.

The report concludes that the judicial response to corruption in BiH is insufficient, particularly with regard to processing of medium and high-level cases.

The report, titled “Trial Monitoring of Corruption Cases in BiH: Second Assessment”, builds upon the work presented in the first report issued in February 2018.

It presents 24 recommendations aimed at improving the judicial response to corruption, based on findings from the monitoring and assessment of 300 cases in courts at all levels of authority across BiH in 2017 and 2018.

The report, inter alia, finds that the performance of the justice system with respect to the productivity of prosecutor’s offices and courts, the capacity of prosecutors and judges in the application of the law and their efficiency in processing cases is affected by serious problems.   

“The citizens of BiH know that corruption is one of the biggest problems afflicting their country. Because of corruption, they cannot get jobs, or start businesses, and their loved ones are leaving. The U.S. is steadfast and remains committed to supporting citizens, law enforcement, prosecutors, judges, and political leaders who are ready to fight corruption,” stated the United States Ambassador to BiH, Eric Nelson.

Nelson also noted that there are various ways to strengthen the fight against corruption. There are judges and prosecutors committed to this, and I also support them, Nelson said, noting that the High Judicial and Prosecutorial Council should appoint judges and prosecutors on the basis of their professional competencies, and certainly not based on political influence.

Head of the OSCE Mission to BiH, Bruce G. Berton, stressed that changing this situation will require sustained corrective efforts and sincere political commitment.

“Political and judicial leaders must unequivocally recognize that corruption is endemic in BiH and that the fight against this social plague will require the implementation of a coherent and comprehensive strategy, as well as their uncompromised attention for many years to come,” said Berton.

Ambassador Berton said that the second report contains an additional nine recommendations, and that of the 15 recommendations from the previous report, there was a slight progress in terms of seven of them, and in the case of six other, there was no progress whatsoever.

“The situation in the work of the Prosecutor's Office of BiH and the Special Prosecution of RS on corruption cases is not satisfactory, Berton concurred, adding that the fight against corruption must be accompanied by strategic action.

Nicolas Bizel, Head of the Operations Department for Justice, Home Affairs and Public Administration Reform of the Delegation of the European Union to BiH stressed the need to involve all in the fight against corruption as one of the biggest reasons for the concern of BiH citizens and the cause of society's disruption and endangering of democracy.

Like those speaking before him, Bizel expressed the willingness of the institution he represents to help Bosnia and Herzegovina in the anti-corruption struggle, and Bizel added that little progress has been made in recent years, as evidenced by a small number of convictions.

“We all have to get involved in the fight against corruption. This is one of the priorities of the European Union's policy in Bosnia and Herzegovina and part of the strategy for the Western Balkans,” said Bizel.

During this year alone, Bizel added, the European Union has launched three important projects worth a total of 3.5 million euros, covering all segments of the fight against corruption, from prevention to sanctioning.

Slavo Lakić, Prosecutor at the FBiH Prosecutors’ Office and member of the High Judicial and Prosecutors Council of BiH said that the report represents a basis for the improvement of functioning of the judiciary within the existing legal framework.

“The recommendations should be thoroughly examined in order to overcome the identified shortcomings in the system and create conditions for efficient and effective fight against corruption.”

The report was developed within the framework of the project “Assessing Needs of Judicial Response to Corruption through Monitoring of Criminal Cases” supported by the United States Department of State’s Bureau of International Narcotics and Law Enforcement Affairs. 

(FENA) S. R.

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