Press releases

After the warning of TI BiH: Application of amendments to the Law on HJPC prevented, BiH judiciary blocked?

Press releases ● 25 October 2023

By adopting the Action Plan for the Implementation of the Law on Amendments to the Law on the HJPC, requesting the extension of the application of the Law after December 23, the members of the High Judicial and Prosecutorial Council (HJPC) showed that the earlier warnings, which Transparency International in Bosnia and Herzegovina (TI BiH ) referred to the content but also the problematic procedure of amending such important laws, was well founded.

HJPC at the session held on October 18, acknowledged problems when applying the new powers regarding the verification of property records of judges and prosecutors, as well as that they would not be implemented by the date when the law was supposed to enter into force because, among other things, a special reporting department that should implement those activities was not established. This practically means that it is not possible to appoint new judges and prosecutors, leading to a blockade of the entire judiciary in Bosnia and Herzegovina.

With this, the earlier warnings of TI BiH pointing to the changes in the law while they were in the procedure, indicating the possibility of blocking the procedure of delivery and exchange of property records and potentially making the verification process itself meaningless, and that the proposed changes to the Law on the HJPC do not allow for complete transparency and responsibility of institutions and holders of judicial functions, came true.

Of particular concern is the issue of the conflict of interests of holders of judicial functions and members of the Council, which remains unresolved, with an unjustified reduction in the scope of relatives and related persons to whom it applies, while inadequate sanctions, the possibility of refusing to declare assets or the absence of the obligation to declare assets of close relatives, and the danger of selective access to checks, are only some of the problematic things that Transparency International pointed out in its comments.

TI BIH also warned that during the drafting of this law, numerous recommendations of the Venice Commission were ignored and that the ad hoc corrections that the Council of Ministers of BiH made to the draft law were criticized by numerous international organizations, including the Delegation of the European Union to BiH, while the transparency of the process itself, from which both the professional public and civil society organizations were excluded, was extremely damaged.

The last session of the HJPC, i.e. the proposal to extend the application of the Law due to the problems the proponent was warned about, and which were ignored, is proof that the BH judiciary is in complete institutional captivity, while, thanks to the actions of the Ministry of Justice and the Council of Ministers, Bosnia and Herzegovina found itself on the verge of complete legal uncertainty and a chaotic state.

The Law on the HJPC is one of the key reform laws, the adoption of which conditions fulfillment of 14 priorities that stand in the way of further integration of BiH to the EU, which is why TI BiH once again warns that inadequate or truncated legal solutions not only call into question the purpose of existence of the law, confirming the suspicions that the government’s intention is to present a semblance of progress on the European path, while avoiding the implementation of essential reforms necessary for the establishment of a minimum of responsibility and the rule of law in BiH.

Transparency International calls on the HJPC, the Ministry of Justice of Bosnia and Herzegovina, the Council of Ministers of Bosnia and Herzegovina, as well as all relevant actors to take, without delay, all measures and actions to establish the necessary institutional and legal mechanisms, and ensure appropriate resources, in order to facilitate the process of appointing judges and prosecutors, that is, to prevent the blockade of BH judiciary.

TI BiH reported the new director of BH Telecom due to conflict of interest

Press releases ● 12 October 2023

Banja Luka, October 12, 2023 – Transparency International in Bosnia and Herzegovina sent a report to the BiH Conflict of Interest Commission against the new director of BH Telecom, Amel Kovačević, former advisor to the Minister of Foreign Affairs of Bosnia and Herzegovina, Elmedin Konaković. Kovačević was appointed general director even though the BiH Law on Prevention of Conflict of Interest does not allow advisers of elected officials to manage public enterprises six months after the end of their term in office.

According to media reports, Kovačević held an advisory function until recently, and the Government of the Federation of Bosnia and Herzegovina confirmed the decision of the Supervisory Board of the public company BH Telecom JSC, Sarajevo at the session held on September 21, which elected the acting directors of this company, among them Kovačević.

Amel Kovačević is a member of NiP, and his appointment from a political position directly to the position of a director of one of the most important public companies is contrary to both the Law on Conflict of Interest of BiH and the declarative determination of the new government in FBiH to fulfill the conditions from 14 priorities, among which a particularly emphasized the need for depoliticization of public enterprises.

It should also be recalled that the work of the Commission for Deciding on the Conflict of Interest at the BiH level, which should make a decision in this case, is often blocked due to the political way of decision-making and that numerous infringements from an earlier period have not yet been resolved. This was confirmed recently when the session of this commission was canceled due to lack of quorum, and the agenda included draft decisions on sanctions against several officials, including those against the current Prime Minister of the Federation of Bosnia and Herzegovina, Nermin Nikšić, and the Director of the Communications Regulatory Agency (RAK), Draško Milinović, while a decision has been pending against Milorad Dodik and other politicians who were reported by TI BiH for conflict of interest.

Conflicts of interest passes unhindered even at lower levels because in the Federation of BiH the existing law in this area is not applied and the draft of the new one has been withdrawn from the procedure, while the new amendments to the law in the Republic of Srpska have practically legalized conflict of interests, which indicates that politicians in Bosnia and Herzegovina, despite their proclaimed support for the European path of Bosnia and Herzegovina, are moving in exactly the opposite direction.

TI BIH reminds that the process of European integration requires BiH to improve key anti-corruption laws, among which is the one that regulates conflict of interest, and that this issue can be solved by thoroughly harmonizing laws at all levels of government in BiH and by establishing bodies that are politically and in every other way independent for deciding on the conflict of interest of public officials.

TI BIH submitted an initiative to the Government and Parliament of Federation of BiH for the adoption of two important anti-corruption laws from 14 priorities

Press releases ● 06 October 2023

Sarajevo, October 6, 2023 – Transparency International in BiH (TI BiH) sent an official initiative to the House of Representatives of the Parliament of the Federation of BiH for the adoption of a new Law on the Prevention of Conflicts of Interest as well as the Law on the Protection of Whistleblowers, and according to the rules of procedure, this House must declare itself on the initiative in the next 30 days. TI BiH also sent a repeated initiative to the cabinet of FBiH Prime Minister, Nermin Nikšić, because it concerns two important anti-corruption laws from the 14 EU priorities that the Government of FBiH withdrew from the procedure in May this year and never sent back to the Parliament.

Even then, TI BiH warned that these laws had undergone certain procedures and harmonization and that significant time would be lost, while numerous officials will take advantage of the fact that they continue to be in a conflict of interest, perform multiple functions and allocate public money and jobs to their own private companies and associations. The failure to adopt these laws, as well as numerous appointments made recently by the FBiH Government, where persons directly in conflict of interest were appointed to important positions, are contrary to the declarative determination of this Government to fulfill the conditions from 14 priorities. This was openly expressed in the case of the appointment of the son of the FBiH Minister of Internal Affairs, Rama Isak, as the director of a public institution, as well as in the assignment of important jobs by certain public companies to minister’s family company. Such moves have shown that the government clearly has no intention of adequately regulating this area in the near future, so TI BiH expects an official explanation.

It should also be recalled that it has been 10 years since there is no competent authority in this entity to which cases of conflicts of interest can be reported, and that numerous institutions completely ignore the existence of this law when appointing or allocating budget funds to organizations and private companies run by public officials. According to the latest data from TI BiH, 241 officials in FBiH perform more than one function in public enterprises and public institutions, and many have additional engagements in non-profit organizations financed from the budget.

In the initiative sent to the Government and Parliament, TI BiH reminds that the Federation of BiH is the only level of government that does not legally protect corruption whistleblowers and that public sector employees who decide to report irregularities still do not have institutional protection. Finally, bearing in mind the determination of the new authorities in the FBiH to fulfill the requirements from 14 priorities, a large part of which relates to the entities and not only to the state level, TI BiH once again appeals for the adoption of these important laws that are crucial for the rule of law and fight against corruption.

What corruption trials look like in BiH: Long-lasting processes, low-quality indictments and minimal sentences

Press releases ● 05 October 2023

Sarajevo, October 5, 2023 – Long-lasting court processes, insufficiency of indictments, frequent changes in the composition of the judicial panel and minimum sentences marked the largest number of trials for corruption in Bosnia and Herzegovina, which was monitored by Transparency International in BiH (TI BiH) in cooperation with the Balkan Investigative Reporting Network in Bosnia and Herzegovina (BIRN BiH) during the last year. On average, hearings were scheduled less than once a month, and an average of 22 months passed from filing of indictment to the first-instance verdict.

In order to present the findings of trial monitoring , TI BiH and BIRN BiH, with the support of the European Union, organized the conference “Integrity of the judiciary and the prosecution of corruption in BiH”, during which a report on monitoring of 35 of the most significant cases, including 170 persons charged with criminal offenses, was presented. What is worrisome in the work of the judiciary are extremely light sentences based on plea agreements, which are often below the legal minimum, which has a stimulating effect on the perpetrators of criminal acts of corruption.

In the observed period, in seven cases four accused of corruption pleaded guilty  and were sentenced to one year in prison, which can be replaced by a fine. For four persons accused of the criminal offense of corruption, the courts in BiH, imposed sentences of less than one year, while 10 persons got a suspended sentence that will not be carried out unless the criminal offense is repeated.

An example that best illustrates how the judiciary fights against corruption is the case of Zoran Jovanović, a customs officer who admitted organizing a group that smuggled excise goods, causing damage to the budget of over 270 thousand BAM, after which the Court of Bosnia and Herzegovina sentenced him to a suspended prison sentence for the duration of one year and six months, which will not be executed if he does not commit a new criminal offense within three years.

The problem of processing corruption in Bosnia and Herzegovina is also influenced by the dynamics of scheduling hearings, which were scheduled less than once a month in the observed cases. The research showed that, on average, the District Court in Banja Luka scheduled 8.5 hearings per case within a year and the Basic Court in Banja Luka 6 times in a year per case, while the Cantonal Court in Sarajevo scheduled 16.5 hearings per case in a year.

Frequent changes in the composition of court panels, especially retirement of judges in the course of the proceedings themselves, as in the cases against Selmo Cikotić and Fadil Novalić, and frequent postponements of hearings, such as in the case against Slavica Injac due to the collapse of Bobar Banka, represent an additional slowdown and prolongation of the proceedings, which diminishes already shaky public confidence in the integrity of the judiciary.

One of the reasons for poor results in the prosecution of corruption is the very quality of the indictments, and in some followed cases, criminal offenses were wrongly listed, such as the case against Zijad Mutap, whose indictment listed a criminal offense that does not exist in the law since 2016, while in the indictment against the former prime minister of the Federation of Bosnia and Herzegovina, Fadil Novalić, the prosecution did not provide a description of the criminal offense charged against the defendants, specifically the criminal offense of money laundering.

Trial monitoring in selected cases of corruption is carried out from March 2022 to April 2023 before the Court of Bosnia and Herzegovina, the Cantonal Court in Sarajevo, the Municipal Court in Sarajevo, the District Court in Banja Luka and the Basic Court in Banja Luka, and the analysis provided the basis for the participants of the conference to confirm the general impression about the judiciary in BiH: it is in a state of permanent institutional captivity, that is, subject to inappropriate influence of political structures and external factors.

Such assessment was confirmed by the Analysis of the Efficiency and Integrity of Disciplinary Procedures against Judges and Prosecutors in Bosnia and Herzegovina, which showed that the mechanisms for ensuring the disciplinary responsibility of holders of judicial functions are insufficiently transparent, complicated and time-consuming, and the method of punishment is relatively mild and ineffective, taking into account the level of responsibility that these functions entail.

Thus, in the observed period, 20 cases were covered in disciplinary proceedings against 26 judges, of which only eight were punished for irregularities in their work, four of which were issued public warnings, while four had salary reduction. There is a similar problem with prosecutors, against whom 12 proceedings were conducted, in which only one prosecutor was moved to a lower position due to negligence in his work, while four were punished with a reduction in salary, with an important note that this measure, according to the Law on HJPC , can last up to one year at most.

Analyzes of disciplinary proceedings against judges and prosecutors as well as trials in corruption cases have shown, once again, that lack of efficiency, low level of integrity and insufficient transparency are the key shortcomings of the judiciary in Bosnia and that a key reform is necessary in terms of planning and conducting the process in court proceedings related to corruption and organized crime, with more efficient use of legal tools and the necessary tightening of the penal policy, the participants of the conference said.

TI BiH: The decision of the National Assembly of the Republic of Srpska is a continuation of the attack on associations and media that are not under the control of the authorities

Press releases ● 28 September 2023

Banjaluka, September 28, 2023: Transparency International in Bosnia and Herzegovina believes that today’s adoption of the Draft Law on the Publicity of the Work of Non-Profit Organizations is a continuation of the attack on citizens’ associations and media that are not under the control of the authorities in the Republic of Srpska. Despite reasoned criticism that could be heard in the National Assembly of the Republic of Srpska, even from the representatives of the ruling majority, that this law designates all organizations financed from abroad as “agents of foreign influence” regardless of their activities, in the end, the adoption of such a draft was not abandoned, the withdrawal of which was requested by numerous domestic and international organizations.

TI BiH, through comments submitted on this law, indicated that it violates the rights to freedom of association guaranteed by the constitution, that it is not in accordance with the Constitution of BiH and the European Convention on Fundamental Human Rights and Freedoms, and that it can serve as a basis for banning the work of independent organizations and free media. All other claims that could be heard at the session of the National Assembly of the RS are that the goal of this law is for citizen associations to “pay taxes, submit financial reports, etc.” are completely unarguable because such obligations already exist and are regulated by different laws.

It is also completely absurd to talk about the “publicity of the work of non-profit organizations” and the need to ban them from “political activity” because the Government of the Republic of Srpska continues to hide information about non-governmental organizations that are financed with public money and that openly carried out political activities by holding rallies in support of the government.

This absurdity is even greater because today at the same session, the amendments to the Law on the Prevention of Conflict of Interest were adopted, which officially legalize the right of public officials to have their own non-governmental organizations that are financed from the budget, and to whom from now on they can freely allocate millions of dollars “if they do not receive a salary for their work in an NGO”. TI BIH has repeatedly warned that this law will legalize cases of conflicts of interest of numerous officials and advisers who lead non-governmental organizations financed with millions from the budget and that the last obstacle to the concentration of power in the hands of the eligible and the extraction of public money through such associations will be lost. Therefore, it can be said that at the same session, corruption and extraction of public money through non-governmental organizations connected to the authorities was legalized and the first step was taken towards the demonization and ban of the work of independent associations and media that point to such phenomena.

It is particularly controversial that this law restricts freedom of expression and prohibits one of the basic rights, such as proposing laws. Also, the introduction of the obligation for associations financed from abroad to label materials creates a danger of stigmatization, and the procedure for deletion from the register of “agents of foreign influence” is not foreseen.

TI BiH believes that this law, along with the recent changes to the Criminal Code criminalizing slander, is a continuation of the government’s announced attempts to stifle any public criticism by all means, and even suppress any public criticism with the methods typical of totalitarian regimes.

INTERNATIONAL DAY FOR UNIVERSAL ACCESS TO INFORMATION MARKED: A CHALLENGE THAT LASTS FOR 22 YEARS

Press releases ● 28 September 2023

Sarajevo, September 28, 2023 – The new Law on Freedom of Access to Information, which was adopted in the Parliament of Bosnia and Herzegovina, reduces the range of acquired rights and achievements present in the upcoming laws, while in certain aspects the new solution is not in accordance with international standards and practices, is the message of the conference “The new Law on Freedom of Access to Information – Progress or new challenges in access to information” organized by Transparency International in Bosnia and Herzegovina today in Sarajevo.

Marking September 28, the International Day for Universal Access to Information, the conference was an opportunity to review the news brought by the new Law on Freedom of Access to Information at the BiH level, as well as the process that preceded its adoption, and an overview of the previous experience in the implementation of the law in this area at all levels in Bosnia and Herzegovina.

The adopted law significantly restricts access to information of public interest, given that it contains a long list of exceptions or possible restrictions on access to information in the possession of public authorities, which turned the European standard of open and free access to public information into an exception rather than a rule, conference participants agreed.

The fact that the application of the right to access public information is potentially worsened by the new law is also indicated by the reduction of the competence of the Institution of the Ombudsman for Human Rights, which by no means represents a movement in the right direction, and the decision that the Appeals Council at the Council of Ministers of BiH receives the role of a second-level body is especially worrying, bearing in mind the experience with the work and functioning of the Council of Ministers, which was directly reflected in the stagnation of procedures, the violation of deadlines, and therefore the violation of human rights.

In addition, one of the shortcomings of the new law is reflected in the fact that it does not provide for sufficiently severe sanctions, and the participants of the conference emphasized that it was necessary to go in the direction of a solution that foresees that sanctions are imposed in case of violation of the law itself, and not only in situations where one does not comply with the order of the administrative inspector.

Addressing the participants of the conference on behalf of the Embassy of the Kingdom of Sweden, which supported the event, Birgitta Jansson emphasized that the principles of openness and transparency lie within the basic principle of human rights, with the message that “It is the duty holder’s obligation to respect and implement these principles, and the right of citizens to access to information is fundamental in every democratic society”.

The conference marked 22 years of the existence and application of the law that guarantees freedom of access to information in Bosnia and Herzegovina, and was an opportunity to present a cross-section of research on transparency  in the work of public bodies and the application of the Law on Freedom of Access to Information in Bosnia and Herzegovina, which the TI BiH Center for Providing Free Legal Aid has been implemented continuously since 2011.

TI BiH: The work of the Commission for Deciding on Conflict of Interest is blocked again. Sanctions against Nermin Nikšić and Draško Milinović were on the agenda

Press releases ● 25 September 2023

Transparency International in BiH (TI BIH) condemns the continuation of the blockade of BiH Commission for Deciding on Conflicts of Interest, which could not hold a session today due to lack of a quorum, and it is a continuation of a practice that has been happening for years due to political way of making decisions in this Commission. On the agenda were draft decisions on sanctions against several officials, including those against the current Prime Minister of the Federation of BiH, Nermin Nikšić, and the Director of the Communications Regulatory Agency (RAK), Draško Milinović, who were reported by TI BiH for a conflict of interest.

TI BiH filed the complaint against Nikšić in October of last year while he was a member of the House of Representatives of Parliamentary Assembly of BiH, because his son is the director of the company that did business with the public company “Igman” d.d. Konjic, which is clearly prohibited by the Law on Prevention of Conflicts of Interest in Bosnia and Herzegovina. The situation did not change even after Niksic became the Prime Minister of the Federation of Bosnia and Herzegovina, and this practice is also prohibited by the federal law, but since 2013 there has been no competent body to which a report can be submitted, and the new government withdrew from the procedure the law that would have resolved this issue.

Also, proceedings were initiated against RAK director Draško Milinović, who was previously reported by TI BiH because he is the head of the Tennis Association of the Republic of Srpska, which received millions of dollars from several levels of government for the construction of tennis courts in Banja Luka, even though state officials are prohibited to lead associations that are financed from the budget. Today, the commission had ready draft decisions on sanctions against SNSD MP Obren Petrović and former director of the Agency for Medicines and Medical Devices BiH Aleksandar Zolak. It is interesting that there is still no decision on the report by TI BiH against Milorad Dodik, a member of the BiH Presidency at the time, who was also reported due to the situation in which the private companies of members of his immediate family had business with the state.

TI BIH has been insisting for years on the adoption of a new Law on Conflict of Interest in the Institutions of BiH, which would, among other things, enable an independent commission to determine a conflict of interest, because the current practice of political decision-making through members that are mostly representatives of the Parliament, has shown that numerous decisions against influential officials cannot be made, because political blockades. Apart from the fact that the work of the Commission at the state level is completely ineffective and often blocked, the law is not applied in the FBiH, and the Government of the FBiH withdrew the draft of the new law from the procedure, while in the Republic of Srpska this week a law which practically legalizes the occurrence of conflicts of interest should be adopted .

In addition, activists, journalists and civil society organizations who indicate a conflict of interest are exposed to the risk of criminal prosecution in the Republic of Srpska for “revealing the personal and family circumstances” of public officials, whose close relatives do business with the state, because the amendments to the Criminal Code in the RS stipulate this as a criminal offense, where the truth of the claims is irrelevant. Therefore, it should be recalled that BiH, through the process of European integration, has committed itself to improving the legislation on conflict of interest and that this issue will not be resolved until the laws at all levels are harmonized and independent bodies for deciding on conflict of interest are established.

TI BiH TO RS MP’s: DO NOT ALLOW DISCRIMINATION AND VIOLATION OF THE CONSTITUTION, REJECT THE DRAFT LAW ON NON-PROFIT ORGANIZATIONS

Press releases ● 19 September 2023

Banja Luka, September 19, 2023 – Transparency International in Bosnia and Herzegovina (TI BiH) sent comments to all clubs of deputies in the National Assembly of the Republic of Srpska on the Draft Law on the Special Register and Publicity of the Work of Non-Profit Organizations, which, at the proposal of the Ministry of Justice of the Republic of Srpska, was included in the agenda of the Fifth regular session scheduled for September 26, 2023.

The proposal to specifically regulate the work of only a number of non-profit organizations, apart from being discriminatory, is not in accordance with the European Convention on Fundamental Human Rights and Freedoms, the Constitution of the Republic of Srpska and Bosnia and Herzegovina, the laws on associations and foundations and the tax procedure of the Republic of Srpska.

Prohibitions of certain activities, such as advocating for the improvement of laws and public policies, the introduction of an additional obligation to label materials that are the result of the work of these organizations, and special registers, with the use of phrases such as “agents of foreign influence”, besides being undemocratic in nature, are legally debatable, and fundamentally insufficiently clear and imprecisely defined, which creates the possibility of stigmatization and abuse during application. Such solutions have the potential to create additional pressure on freedom of speech, and serve as an introduction to open censorship and a reason for banning the work of independent organizations, as well as free media.

The draft also foresees procedures and mechanisms that are already defined by existing laws, such as the introduction of a special register, even though it has already been established, while financial reports on work are submitted to the Agency for Intermediary, IT and financial services once a year and are available both to the Tax Administration and the general public in the Republic of Srpska. Associations are already obliged to report to the competent authorities, and according to applicable laws, they can be subjected to financial and inspection controls.

In this context, the explanation of the purpose of passing this law has no basis and leads to the conclusion that the aim and purpose of this law is to add an additional burden to the work of associations, reduce their space for work, freedom of speech, assembly and association, and narrow the space for criticism of the work of public authorities.

Targeting organizations that are financed from foreign sources, along with prescribing additional restrictions and control systems, leads to the violation of Article 14 of the European Convention, as well as the Constitution of BiH, which guarantees the rights and freedoms without discrimination and enables protection and creation of conditions for equal treatment, which is why this Draft can be seen not as a mean of improving or additionally regulating the field of civil society work, but as the intention of the authorities in the Republic of Srpska to limit the work of organizations that criticize their work.

Ultimately, the proposed Draft Law does not contain provisions on effective legal remedies, but in the event of a violation of the provisions of the law, it prescribes that an immediate ban on performance and work is ordered. Prohibition of work and dissolution, as measures taken for minor offenses, as well as other provisions from this Draft, are not provided for other legal subjects and organizations, such as organizations that receive funds from the budget of the Government of the RS and local self-government units, which are often closely connected with political parties and their officials, who, in this way, extract money from the budget.

This fact, as well as the vagueness and many shortcomings of this law, clearly indicate the discriminatory nature of this Draft and the real intention of this law: to send a clear message to the citizens that citizens’ associations are the enemy and that the final solution to the multi-year aspirations of the authorities in the Republic of Srpska is to stifle criticism by all means, even with the methods typical of totalitarian regimes.

Given the numerous objections to the Draft of this Law, as well as non-compliance with the current laws and the Constitution of Bosnia and Herzegovina and the Republic of Srpska, international conventions and recommendations of relevant international organizations and bodies, and the fact that this area is already regulated by the Law on Associations and Foundations of the Republic of Srpska , TI BiH calls on the MPs to analyze in detail the submitted comments and to reject this text of the draft.

TI BIH: The proposed laws give the appearance of reforms, while avoiding the introduction of real accountability and transparency

Press releases ● 29 August 2023

Transparency International in BiH (TI BiH) warns that the laws adopted in the House of Representatives of the Parliamentary Assembly of BiH, with which the government at the state level claims to fulfill priorities in the process of EU integration, still do not allow full transparency and accountability of institutions and holders of judicial functions. The Law on Amendments to the Law on the High Judicial and Prosecutorial Council (HJPC) still did not fundamentally resolve the issue of potential concealment of property by holders of judicial functions, while the Law on Freedom of Access to Information is, in some segments, worse than the existing one and will additionally enable institutions to hide information of public interest.

It should be recalled that the essence of the reforms that BiH committed to through the 14 priorities was the strengthening of the rule of law and the fight against corruption, where the key reform was the one on judiciary, the adoption and implementation of the law on the protection of whistleblowers and conflicts of interest, and showing concrete results in terms of investigations, indictments and verdicts for criminal acts of corruption, especially those at a high level. However, there is less and less talk about key reform laws, while the government at the state level claims to demonstrate progress on the European path through the adoption of the Law on the Organization of the Wine Market, the Law on Foreigners and the two aforementioned “reform laws” that will be considered on August 30, under an urgent procedure at the House of Peoples, and which still have not met the relevant recommendations.

In particular, the Law on the HJPC did not include all the recommendations of the EU and the Venice Commission and did not resolve the issue of conflicts of interest among the members of the Council, which was particularly evident in the changes that were included in the session of the Council of Ministers. Despite the fact that two amendments were adopted by the House of Representatives, holders of judicial positions will be able not to declare the property of close relatives (e.g. children) who do not live in the same household and there is also the possibility that those for whom there is an obligation to submit property data refuse to do so, which opens up additional space for circumventing the provisions on property declaration. There is also the possibility that institutions at other levels of government block the exchange of data on property records, which can further complicate and make senseless the procedures for checking property records. Adequate sanctions have not been prescribed in situations of conflict of interest or when holders of judicial positions provide false information in property records.

On the other hand, civil society organizations have been warning since 2021 that the proposed Law on Freedom of Access to Information prescribes a wide range of exceptions to the obligation to provide information, which is even wider than the existing one, and does not provide independence in handling complaints in cases of violations of the Law. TI BiH, as an organization that annually submits over 2000 requests for freedom of access to information and is familiar with the practice of the institutions, warns that these provisions will further worsen the situation and leave the authorities with even more room to hide information of public interest. European Union and other relevant institutions also raised warning on this issue, but the recommendations were ignored.

TI BiH therefore calls again to take advantage of the opportunity to improve the proposed laws and their amendments, and amend the controversial provisions. Otherwise, the adoption of inadequate or truncated solutions that may call into question the purpose of the laws themselves, confirm that the government’s intention is only to show the appearance of progress on the European path, while avoiding the essence of implementing the reforms that are necessary to establish a minimum of responsibility and the rule of law in BIH.

TI BiH requests the initiation of supervision at the Institute Pazaric: Intimidation of persons who indicate the abuse of residents is unacceptable

Press releases ● 19 August 2023

Banja Luka, August 18, 2023 – Transparency International in Bosnia and Herzegovina (TI BiH) sent a letter to the Ministry of Labor and Social Policy of the Federation of BiH requesting extraordinary professional supervision at “Institute for the Care of Mentally Disabled Children and Youth Pazaric” to be carried out, after the publication of a video of the abuse of residents of this institution, which shocked the public in the recent days.

TI BiH also calls on the competent Ministry to adopt the necessary regulations that would control the situation in this area. Although the Law on Social Protection Institutions of the FBiH entered into force on August 20, 2022, stating that these regulations will be adopted within six months, a year later, the regulations establishing the minimum standards that must be met by these institutions in terms of space, equipment and personnel for providing services, as well as the regulations controlling the manner of conducting professional supervision, have not been published in the Official Gazette of the FBiH.

Also, TI BiH warns that intimidation of persons who pointed out the violence towards the residents in the Institute and published a video that alerted the institutions to react is unacceptable. That is why the statement of the Minister of Labor and Social Policy of the Federation of BiH, in which he threatens criminal charges against both the perpetrators of this act and the workers who recorded everything, stating that “it is unfortunate that they do not have the courage to bring everything to the public and are hiding behind anonymous reports” is particularly controversial.

It is important to point out that the Federation of BiH is the only level of government in BiH that does not yet have a Law on Whistleblower Protection, which is why persons who point out criminal acts within the institutions do not have adequate protection and may suffer the consequences. TI BiH, therefore, apart from the need for supervision, warned the competent minister that instead of persecution, it is necessary to protect those who point out irregularities, especially if the recording was made with the aim of warning against the abuse of residents and preventing abuse in the future. In such a situation, similar reactions of authorities can, in the long term, intimidate all employees in institutions who intend to point out criminal acts in the future.

In addition, the practice of the European Court of Human Rights should be recalled,  according to which, if the unauthorized recording was carried out for the purpose of public interest, individuals who point to harmful actions in this way must not bear the consequences.

Because of this, TI BIH once again calls on the authorities at the level of the Federation of BiH to ensure that the Law on Whistleblower Protection is adopted as soon as possible, protecting whistleblowers in the future.

Analysis of TI BiH: BiH Took a Step Back in Relation to 14 Priorities in Numerous Segments

Press releases ● 26 July 2023

Banja Luka, July 26, 2023 – Only one of the 14 priorities from the European Commission’s Opinion on Bosnia and Herzegovina’s application for EU membership has been fully met, namely the one related to the formation of the Parliamentary Committee for Stabilization and Association, which does not meet, while only five priorities were realized partially, with a general deterioration in many issues concerning democracy, human rights and the functioning of institutions, shows the analysis conducted by Transparency International in Bosnia and Herzegovina.

The report Process of BiH Integration into the EU, which analyzes the implementation of reforms, shows that, since the adoption of the Opinion in 2019, BiH has regressed in many segments that are contained in the 14 priorities from the Opinion of the European Commission for EU membership, and the most worrying is the regression in the area of basic rights, especially on issues related to the creation of a favorable environment for civil society, the provision of guarantees and protection of journalists and the financing of public broadcasting services.

Regression in many areas

BiH has not only regressed in certain segments relevant to the fulfillment of priorities on the path to EU membership, but institutions at all levels have initiated processes of denying basic human rights, the consequences of which will be suffered by all citizens, which is most clearly illustrated by the changes to the Criminal Code of the Republic of Srpska which, in an atmosphere of lynching, verbal and physical attacks against journalists and through problematic procedures, once again recognized defamation as a criminal offense in this entity.

Similar negative tendencies are also visible in the rest of the country, in the form of the Draft Law on offenses against public order and peace of Sarajevo Canton, which if adopted under the pretext of fighting fake news, could open up space for restrictions on freedom of speech and censorship, exposing the government’s intentions throughout Bosnia and Herzegovina to suppress criticism and silence citizens, the media, the opposition and non-governmental organizations that point to corruption.

In the area of democracy and functioning of the government, one priority related to the formation of the Parliamentary Committee for Stabilization and Association has been achieved, while in other segments this area has significantly regressed due to political obstructions. This primarily refers to the problem of non-implementation of the decisions of the Constitutional Court, questioning of its competences, threats of a complete suspension of the dialogue with the EU and the application of the SAA, and blocking of the work of institutions thanks to political decisions that come mainly from the Republic of Srpska.

Some progress has been recorded in the areas of border and migration management capacities, while the adoption of amendments to the Law on Public Procurement of BiH is often mentioned as the one priority fulfilled, although these amendments did not ensure the strengthening of competences and capacities for the supervision of public procurement, which is the essence of this proposal that the EU insists on. However, in the area of the rule of law and the fight against corruption there is generally a noticeable setback, and key laws have not only not been adopted yet, but attempts are being made to adopt solutions that are worse than the existing ones.

In this segment, the Law on the Conflict of Interests of BiH has not yet been adopted, and the fact that the protection of individual interests and not the progress on the European path is the main goal of the authorities in BiH, is most blatantly shown by the express adoption of amendments to the Law on the Prevention of Conflicts of Interests of the RS, which actually legalize certain forms of conflicts of interest, and which occurred after TI BiH reported the adviser to the President of the RS, Milan Tegeltija, for a conflict of interest.

Funds for the Indirect Taxation Authority building approved, laws not

Yesterday’s decision of the BiH Council of Ministers, which, according to the media, withdrew the Draft Law on Prevention of Conflicts of Interest in the Institutions of BiH and the Draft Law on the Courts of BiH, while the decision was made to approve the funds for the ITA building in Banja Luka, only confirms the allegations of the analysis and shows the attitude of the ruling coalition at the BiH level towards key reforms, which have been marked as urgent for years.

In addition, the proposed solutions also showed shortcomings, so the Draft Law on Conflict of Interest does not provide an adequate status and independence of the Commission and leaves a wide space for the interpretation of sanctions for certain misdemeanors, while the Law on Courts seeks to narrow the jurisdiction of the Court of Bosnia and Herzegovina for the prosecution of corruption and organized crime. On top of all that, the Law on Freedom of Access to Information, which is in parliamentary procedure, does not guarantee the independence of the Appeals Council, and its application will be meaningless with a large number of exceptions.

All the examples stated above serve as an indicator that the authorities in Bosnia and Herzegovina only show the appearance of progress and “reform momentum”, while real progress is not a priority, especially in relation to the interests of the parties, the personal interests of their leaders and the increasingly pronounced authoritarian tendencies and laws that deny freedom to citizens .

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TI BiH filed a report against the Chief BIH prosecutor: Kajganić assigned most of the cases outside the TCMS, which is why Gordana Tadić was dismissed.

Press releases ● 21 July 2023

Transparency International in Bosnia and Herzegovina submitted a report to the Disciplinary Prosecutor’s Office against Milanko Kaganić, the Chief prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina, who assigned the vast majority of cases outside the TCMS automatic management system during the past year, the same reason his predecessor in this position, Gordana Tadić, was dismissed.

After the appeal procedure, the Prosecutor’s Office of Bosnia and Herzegovina submitted to Transparency International the data on the number of cases in which the chief prosecutor made presignations, i.e., assigned cases outside of the automatic management system, and the data show that in 2022 the number of presignations is greater than the total number of cases that this prosecution worked on.

This practically means that TCMS is rarely used and that subjects are almost never assigned automatically. Specifically, in 2021, in which Gordana Tadić was dismissed due to bypassing the TCMS, the Prosecutor’s Office of Bosnia and Herzegovina had 1,499 cases and a total of 1,434 presignations, although multiple presignations in one case are possible, if several prosecutors are working on it. During 2022, the Prosecutor’s Office of Bosnia and Herzegovina had 1,473 cases and a total of 2,276 presignations, i.e., cases in which the chief prosecutor assigned a case to the prosecutor bypassing the automatic management system.

TI BiH reminds that Article 8 of the Rulebook on the System for Automatic Case Management in Prosecutor’s Offices (TCMS) stipulates that the distribution of cases to prosecutors is to be conducted automatically, as a measure to reduce corruption risks. Also, according to the conclusion of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina from 2014, all chief prosecutors were tasked to ensure the assignment of cases through TCMS in their institutions. The chief prosecutor has the right to assign a case to another prosecutor if there are reasons for it, granting this as an exception and not a rule, meaning the fact that the number of assignments is greater than the total number of cases in the work may indicate serious omissions in the work of the chief prosecutor.

Also, there is a reason to suspect that the Chief Prosecutor of BiH acted contrary to the provisions of the Rulebook and the Conclusion of the HJPC and committed the disciplinary offenses of “negligence or inattention in the performance of official duties” and “failure, for unjustified reasons, to act in accordance with the decisions, orders or requests of the Council” from the Law on the HJPC.

This behavior is contrary to the provisions of the Code of Ethics for Prosecutors, and it should also be recalled the Joint Opinion of the Venice Commission and the Council of Europe – Directorate for Human Rights (DHR) of the General Directorate for Human Rights and the Rule of Law, which emphasizes that, in order to protect the right to independent and impartial judicial and prosecutorial action, the allocation of cases within courts and prosecutor’s offices should follow objective, predetermined criteria.

Transparency International BiH reminds that the Disciplinary Commission of the HJPC of BiH has already conducted and legally concluded disciplinary proceedings against the former Chief Prosecutor Gordana Tadić, as well as against some other Chief Prosecutors in BiH for the same offenses in which disciplinary measures were imposed.

It is important to note that the Prosecutor’s Office of Bosnia and Herzegovina repeatedly refused to provide TI BIH with data on the number of presignations, as it was the case in 2018 and 2019 when in was claimed that the accurate statistics was not kept, so the information was provided only after the Court of Bosnia and Herzegovina passed judgments in favor of TI BiH. This year, the data on presignatures was submitted only after a complaint was filed, because the Prosecutor’s Office of BiH initially claimed that the request was not precisely formulated.

The regime in Republika Srpska has entered a phase of open repression against its citizens, the consequences of today’s amendments to the Criminal Code are upon everyone

Press releases ● 20 July 2023

Banja Luka – July 20, 2023 – Adopting the amendments to the Criminal Code, the authorities in Republika Srpska today entered the phase of open repression against its citizens and positioned itself among the worst authoritarian regimes in this part of the world. Transparency International in BiH (TI BiH) warns that every citizen will suffer the consequences of the fact that defamation has been brought back to the criminal justice system, for the authorities, through suitable prosecutors, will have the opportunity to persecute all those who voice any criticism on social media or in another public place.

Today’s decisions of the RS National Assembly have created the basis for numerous criminal proceedings against journalists, media, activists, and opposition politicians, as well as against all those who publicly point to any social problem. Regardless of the truthfulness of the allegations they make, everyone could face police raids, confiscation of personal documents, restriction of freedom of movement and other measures that criminal proceedings entail – some of which we observed during numerous judicial farces and political showdowns through prosecutors’ offices in recent years. Everything that happened against the “Justice for David” group, whose members faced persecution for fabricated coups and other crimes that have not been proven in court, we can now as part of the investigations for the new crime of “defamation” regardless of whether someone told a lie or the truth.

TI BiH reminds that this law was announced as a form of “improving the negative atmosphere in the public”, after numerous controversies regarding election frauds that marked the October General elections, as well as that the intention of the authorities to stifle any criticism with this law was clear from the day one. Despite the argumentative warnings of journalists, media, civil society, and the most relevant international bodies, including the UN, the Council of Europe, the OSCE, the EU, the ruling regime, in a procedure of farcical manner that violated elementary democratic principles, adopted legal solutions that will have devastating consequences for freedom of speech throughout Bosnia and Herzegovina.

Adding to that an atmosphere of lynching in previous period, for which the regime itself is responsible by orchestrating series of attacks, including physical attacks on journalists and civil society activists who were not fully clarified by the above-mentioned law enforcement agencies, today’s decisions of the RS National Assembly are clearly nothing but a prelude to an open repression and persecution of dissenters by the institutions of the regime.

TI BiH, therefore, asks for solidarity with the citizens of Republika Srpska and Bosnia and Hercegovina and urges international partners to provide aid and legal protection to all those who will suffer the consequences of such legal solutions. For its part, TI BiH will provide citizens free legal assistance through the Advocacy and Legal Advice Center.

Protest March Against Criminalization of Defamation, Journalists Called on MPs Not to Vote for Changes to the Criminal Code

News ● 18 July 2023

Banja Luka, July 18, 2023 – Media representatives, activists and citizens gathered this morning in protest at Trg Krajine and held a march to the National Assembly of the Republic of Srpska, where the MPs are today debating and voting on the introduction of defamation into the Criminal Code of the Republic of Srpska.

After several months of futile warnings and calls to protect freedom of speech and withdraw the scandalous provision that qualifies defamation as a criminal offense, the proposal for this law will still be presented to the MPs today.

Messages were sent from Trg Krajina stating that we are going back at least two decades through such repressive legal solutions. Journalists, activists and numerous other citizens called on the government representatives to think again, to come to their senses and abandon the criminalization of defamation.

President of Banjaluka Journalists’ Club Siniša Vukelic, who addressed the gathered citizens on behalf of the journalists, said that in the last two decades we were ahead of the region and even the EU when it comes to only one law.

“More than 20 years ago, we abolished the criminal offense of defamation and were the first in the region. Before Federation of BiH. We were proud of that. Now the government of the Republic of Srpska has decided to turn its back on the UN, the Council of Europe, the OSCE, and the European Commission. The officials told the defenders of human rights and freedoms, journalist associations, citizens’ associations that they don’t care what we say and that they want to protect themselves from the truth. That”s why this is a question of freedom of each individual here ”, said Vukelić.

He warned that if this goes through, tomorrow we can expect them to take away our freedom of movement, freedom of education and all other rights we have under the Constitution of the Republic of Srpska. Statements by government representatives that journalists want freedom of defamation, and that EU countries also criminalize defamation, is a deliberate distortion of the truth.

“They deliberately distort the facts. Yes, defamation is in criminal law in some countries, but we must know that these are countries known for fair trials, judges and prosecutors, not controlled by politicians. They repeat that they reduced the sentences and that we should be satisfied with that, the problem was never in the punishment, but in the criminal process, which can last five years. You can receive dozens of such reports because they will not be paid for by officials and politicians, but by you, from the budget of Srpska. The whole system, the police and the prosecutor’s office will be harnessed at your expense to prove that you defamed a neighbor or an official ”, said Vukelić.

He pointed out that today’s struggle of citizens is directed against the “weapon” that the government is using, justifying it by the introduction of order, stressing that defamation is properly sanctioned by the Law on Protection against Defamation.

“We call on the MPs not to raise their hands for this law and to be remembered as someone who subordinated obedience to the interests of the people,” said Vukelic.

Numerous journalists, activists and citizens, after the walk, remained in front of the National Assembly of the RS with banners and the sound of whistles.

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Opinion is not a crime!

Slobodno.org

TI BiH won a second lawsuit for concealing the contract on the construction of the Banjaluka – Prijedor Highway

Press releases ● 14 July 2023

The judgment states that the Ministry is obliged to protect citizens’ trust in the way public funds are managed and spent

Transparency International in Bosnia and Herzegovina (TI BiH) won a second lawsuit against the Ministry of Transport and Communications of the Republic of Srpska due to the illegal concealment of the concession contract for the construction of the Banjaluka-Prijedor Highway, which was concluded in 2018 with the Chinese company Shandong Hi-Speed International ( SDHS). Although already in the first judgement, the District Court in Banja Luka clearly stated that the public has the right to know under what financial conditions this project was agreed, the Ministry refused to grant access to the contract and issued a new decision that ignores the essence of the court judgement.

Because of this, TI BiH filed a new lawsuit, and this time the Chinese investor even agreed to publish part of the contract, except for the part related to the financial model. Despite this, the Ministry decided to refuse access with the explanation that the incomplete contract publication would lead to “misunderstanding” of the requested information.

Such explanations were not accepted by the District Court in Banja Luka, which, in the new judgement, states that the Ministry ignored the previous court decision and the interest of citizens when making the decision to hide information on such an important project from the public.

– As it is obliged to protect the principle of trust towards investors, the defendant (Ministry) is also obliged to protect the trust of citizens in the way of managing and spending public funds collected from citizens, so the action of the defendant is surprising, stating that by publishing information, for which the concessionaire agreed to be published, the damage that would occur to the defendant would be greater than the fact that the public has access to the information. The question arises as to how the defendant came to the conclusion as in the explanation, because it does not refer to the laws but to its general view of the potential situation, and even points out that by neglecting the interests of the contractor, there would be a negative impact on some other unknown future investors,, it is stated in the new court judgement.

In the judgment, the court also reminds that a public body can be fined from BAM 1,500 to 5,000 if a new administrative act is passed contrary to the legal understanding of the court, which apparently happened after the first judgment.

– General explanations and personal arbitrary positions of the authorities are not acceptable in the administrative procedure, as stated in the judgement, which clearly and unequivocally confirmed the positions of the TI BiH, which insisted from the beginning that the publication of this information was in the public interest.

This is especially important because of the numerous controversial information in the public and the suspicion that this deal was concluded under harmful conditions for the Republic of Srpska. That is why TI BiH expects the Government of Republika Srpska and the relevant Ministry to comply with the court decision and make the complete contract on the construction of the Banjaluka-Prijedor Highway available to the public, because private interests cannot be put before the interests of the public, who have the right to know how much and to what extent this project cost taxpayers.

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CONFERENCE ON THE STATE OF THE BIH JUDICIARY: REFINEMENT OF THE DRAFT LAW ON THE HIGH JUDICIAL AND PROSECUTORIAL COUNCIL NECCESSARY

Press releases ● 13 July 2023

Sarajevo, July 13, 2023 – The majority of courts do not publish information about judgments and information about prosecution cases are usually far from the public eye, while half of the judicial institutions ignore the inquiries of the media and citizens, these are the results of the research on judicial transparency published during the conference “Judiciary in Bosnia and Herzegovina – Status and Perspectives” held today in Sarajevo.

The participants of the conference, organized by Transparency International in BiH (TI BiH) in cooperation with the Balkan Research Network of BiH (BIRN BiH) with the support of the EU, referred to the amendments to the Law on the HJPC by which the government seeks to weaken the mechanisms for ensuring the accountability of holders of judicial functions.

The changes, which the Council of Ministers included in the Law on Amendments to the Law on the HJPC, seek to weaken the originally proposed mechanisms for ensuring accountability and call into question the possibility of checking the assets of holders of judicial functions.

From the very beginning of the process of amedment, not all the recommendations of the Venice Commission and the EU were followed, especially in terms of the provisions on the conflict of interests of members of the HJPC and other holders of judicial functions, while TI BIH warned from the beginning that there was a lot of room for non-declaration of assets and abuse of the property controls system.

Therefore, one of the conclusions of the conference, with which all participants agreed, is to use the further procedure to refine and improve the draft law.

If that opportunity is missed now, the question is how long it will take to adopt a new law that adequately solves these identified problems, and the conference sent a message that it is necessary to act urgently so that we do not end up in a situation where, due to inadequate wording, the mechanisms intended to strengthen the responsibility of abuse serve precisely to avoid it.

The online platform “Judiciary Index” was also presented at the conference, containing data on the transparency of 74 courts and 20 prosecutor’s offices, showing the worrying level for the publicity of the work of the BH judiciary.

55% of courts do not publish information about the first-instance verdicts they pass, and 90% of them do not publish any information about criminal cases on their websites, which undoubtedly encourages a low level of public trust in the work of the judiciary.

The poor state of the judiciary in terms of public access to its work is illustrated by research showing that 54% of courts and prosecutor’s offices in Bosnia and Herzegovina violated the legal deadline for responding to a request for free access to information, while half of the judicial institutions ignored media inquiries about the status of the case.

The worst results in transparency are recorded by the Cantonal Prosecutor’s Office in Sarajevo and the Herzegovina Neretva Canton, whose transparency index is 35, and the Municipal Courts in Žepče (28), Mostar (24) and Čitluk (23) and the Basic Court in Srebrenica with a score of 26. On the other hand, the Basic Court Teslić records the highest level of transparency with an index of 82, while among the most transparent institutions are the Court of Bosnia and Herzegovina with an index of 81 and the Prosecutor’s Office of the Brčko District of BiH, which, like the Cantonal Prosecutor’s Offices of the SBK and Posavina Cantons, record a score of 75.

The “Judiciary Index” platform was created as part of the project “Strengthening networks of civil society organizations in order to improve accountability – SANCUS” with the financial support of the European Union. It evaluates the availability of information on the websites of institutions as well as the openness towards citizens, media and civil society organizations regarding the availability of information.

The platform also offers information on cases of corruption and organized crime, disciplinary proceedings, as well as other information on the work of the judiciary in BiH and allows citizens to create their own request for access to information that they can send to any judicial institution on the territory of BiH.

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