Press releases

Conflict of Interest in the Appointment of the HJPC Secretariat Director: Ministry of Justice Secretary Evaluated the Minister’s Chief of Cabinet

Banja Luka, 13 July 2025 – The High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC) appointed Ivana Zovko-Planinić as Director of the HJPC Secretariat,...

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Conflict of Interest in the Appointment of the HJPC Secretariat Director: Ministry of Justice Secretary Evaluated the Minister’s Chief of Cabinet

Banja Luka, 13 July 2025 – The High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC) appointed Ivana Zovko-Planinić as Director of the HJPC Secretariat, despite warnings from Transparency International in Bosnia and Herzegovina (TI BiH) regarding bias and a potential conflict of interest in her appointment.

The Civil Service Agency of BiH conducted the competition for the position, ranking Zovko-Planinić—currently Chief of Cabinet at the Ministry of Justice of BiH and former adviser to Presidency member Dragan Čović—as the best candidate. One of the commission members evaluating candidates was Željko Bogut, Secretary at the same ministry. This was confirmed by information obtained by TI BiH from the Civil Service Agency, indicating that such a composition of the commission can hardly be considered coincidental.

Given that both the candidate and a member of the selection commission are employed by the same institution, there are reasonable grounds to suspect bias during the evaluation process. Therefore, according to TI BiH’s interpretation, Bogut should have recused himself from the commission.

The Law on Civil Service in the Institutions of BiH clearly stipulates that a member of a selection commission must resign if a conflict of interest exists. The same law repeatedly underlines the obligation of independence and impartiality of competition commissions and emphasizes the duty to avoid any potential conflict of interest.

TI BiH requested copies of the minutes from the competition commission that evaluated the applications from the Civil Service Agency of BiH, and submitted information about this case to the Agency’s leadership, the HJPC, and each Council member individually, urging a review of the appointment and the entire selection procedure.

Although TI BiH appealed to HJPC members to consider these circumstances when deciding on the appointment, the Council nevertheless appointed Zovko-Planinić, disregarding integrity concerns surrounding the selection process for such a crucial position.

The HJPC Secretariat supports and organizes the work of the Council, implements its decisions, manages the budget, and performs tasks essential for the functioning of the judiciary. Any indication of bias or lack of independence in the appointment of its director could have far-reaching consequences for public trust in the integrity of the HJPC and the wider judiciary, already undermined by numerous scandals.

This case is yet another example showing that appointments in Bosnia and Herzegovina’s key judicial institutions remain subject to open political influence, prevailing over legally prescribed procedures, while merit, integrity, and independence continue to play only a marginal role.

Para-intelligence services as a sign of open dictatorship: The government introduces parallel institutions to maintain the regime

Banja Luka, 30. June 2025. year – The Draft Law on the Protection of the Constitutional Order, through which the government in the Republic of Srpska seeks to establish...

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Para-intelligence services as a sign of open dictatorship: The government introduces parallel institutions to maintain the regime

Banja Luka, 30. June 2025. year – The Draft Law on the Protection of the Constitutional Order, through which the government in the Republic of Srpska seeks to establish para-intelligence services with the aim of intimidation, represents the official transition of this entity into an open form of dictatorship where the persecution of political dissenters is legalized.

The law, which ironically deals with the protection of the constitutional order, contains numerous provisions that are questionable in terms of constitutionality, such as the establishment of a special “Service for the Protection of the Constitutional Order” under the direct control of the President, which has a wide range of competencies, such as “researching, collecting, processing, and analyzing intelligence data and information relevant to the security of the Republic of Srpska.” This leaves room for arbitrary persecution of individuals deemed to be a threat to the ruling system in RS.

Furthermore, the mentioned service would be headed by a director appointed by the President of the Republic of Srpska himself, which actually shows that the law is being enacted solely to maintain the regime of Milorad Dodik, under the guise of protecting the constitutional order, which is a characteristic of a military junta, not a democratic regime.

The law also provides for the establishment of a Special Prosecutor’s Office of the Republic of Srpska for the protection of the constitutional order of the Republic of Srpska, responsible for prosecuting a range of criminal offenses already defined by the Criminal Code of RS, while the prosecutors would be appointed by the National Assembly of RS. In addition to overlapping competencies and legal uncertainty, this contradicts the existing legal framework that regulates the appointment of holders of judicial functions and creates a parallel judicial system open to direct political influence and party control over the prosecution of these criminal offenses.

The ruling coalition, led by the political goals of Milorad Dodik, already attempted to pass this law in March, which was voted on in the National Assembly of the Republic of Srpska, but the Constitutional Court of RS decided that the law does not provide for proportional representation of all constituent peoples, which is why it was returned for revision.

TI BiH reminds that the current government in the Republic of Srpska has enacted a series of laws that suppress media freedom, expression, association, and public assembly, all with the aim of stifling criticism and dissent, as well as those who point out abuses and potential cases of corruption.

This has demonstrated, and the latest proposal of the Law on the Protection of the Constitutional Order of RS confirms, the unequivocal intention of the regime in RS to use all means, even unconstitutional ones, to establish complete control over all institutions and segments of society and ensure the absolute power of the regime.

TI BiH particularly emphasizes that in the Republic of Srpska there has long been an atmosphere of lynching, persecution of the opposition, independent media, and civil society, accompanied by direct calls for violence, and the instrumentalization of the judiciary to deal with the opposition, thereby creating an environment of insecurity for dissenters and those who criticize the public authorities.

Transparency International in BiH therefore calls for an urgent abandonment of the adoption of this and similar legal solutions, and to ensure the fundamental protection of the basic rights of all citizens.

 

Press rls_30_6_2025

World Whistleblower Day in BiH: Fewer Reports, Citizens Without Protection and Trust in Institutions

Banja Luka, 23. June 2025 – Only one person decided to seek protection from the Agency for the Prevention of Corruption and Coordination of the Fight Against Corruption (APIK),...

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World Whistleblower Day in BiH: Fewer Reports, Citizens Without Protection and Trust in Institutions

Banja Luka, 23. June 2025 –

Only one person decided to seek protection from the Agency for the Prevention of Corruption and Coordination of the Fight Against Corruption (APIK), but even that request was rejected, which clearly illustrates the state of protection for individuals reporting corruption, the so-called “whistleblowers” in Bosnia and Herzegovina.

The situation in the entities is even more unfavorable – in the Republic of Srpska, not a single request for whistleblower protection was submitted last year, while steps were taken to reduce the already limited scope of protection for potential whistleblowers.

The situation is no better in the Federation of BiH, although TI BiH receives most reports from this entity where the biggest problem is the absence of a law protecting potential whistleblowers. An exception is the Sarajevo Canton, which enacted its law in 2023, resulting in 6 individuals receiving protected whistleblower status out of a total of 8 submitted requests, placing other citizens of this entity in a discriminatory position.

The urgent need for changes is also highlighted by the fact that Transparency International BiH received 21 reports from individuals who can be classified as whistleblowers in 2024, while in the first five months of this year, there were as many as 16 reports, indicating that citizens place more trust in non-governmental organizations than in institutions when it comes to fighting corruption, which should not be surprising given that civil society organizations currently provide the highest level of protection to whistleblowers in BiH.

Among the key steps is the drafting of a new Law on the Protection of Whistleblowers at the BiH level, on which the Ministry of Justice of BiH is working, and to which TI BiH has submitted proposals to ensure full and effective protection of whistleblowers. These proposals, among other things, envisage the right of citizens to choose to report irregularities within the institution or outside it, including the possibility of addressing the media, without fear of retaliation. Special attention needs to be paid to preventing pressure on whistleblowers when seeking protection and eliminating the possibility of questioning the “good faith” or motives of the reporters, which has often deterred reporters from seeking protection and reporting corruption.

In addition to these provisions, the new Law must clearly recognize situations where whistleblowers suffer harmful consequences despite having protected whistleblower status and ensure effective institutional action in such situations.

The low level of trust among citizens in the legal protection of witnesses and victims of corruption stems not only from the lack of laws but also from their weak implementation, as well as the atmosphere of public condemnation, intimidation, and open threats from the highest political officials directed at anyone who dares to criticize the work of institutions and publicly point out corruption.

The effectiveness of the fight against corruption in Bosnia and Herzegovina is also diminished by the inadequate response of the courts in BiH, which have increased the number of acquittals in corruption cases by 20% in 2024 compared to the previous year. At the same time, prosecutors have reduced the number of open investigations, while the lowest number of indictments for corruption offenses in the last four years has been recorded, despite the fact that BiH, according to CPI findings, is the second most corrupt country in Europe.

Although whistleblower reports are the most effective way to detect, prosecute, and prevent corruption, the lack of positive examples and sanctions for corruption, the absence of laws, and their weak implementation are additional signals to citizens not to report it.

Therefore, TI BiH appeals to the Ministry of Justice of BiH to ensure full compliance with international conventions and EU directives that guarantee full and effective protection of whistleblowers when drafting the new Law on the Protection of Whistleblowers. In addition, Transparency International in BiH expresses hope that the Parliament of the Federation of BiH will recognize this issue as crucial and adopt the Law currently in procedure as soon as possible to ensure adequate protection for all citizens who report corruption in the Federation of BiH.

 

Press rls_23_6_2025

TI BIH appeals to the Brčko District Assembly: Enable public discussion on the new Freedom of Information Act

Banja Luka, 03. June 2025: Transparency International BiH has requested the Brčko District Assembly of BiH to submit the draft Freedom of Information Act for public discussion to...

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TI BIH appeals to the Brčko District Assembly: Enable public discussion on the new Freedom of Information Act

Banja Luka, 03. June 2025: Transparency International BiH has requested the Brčko District Assembly of BiH to submit the draft Freedom of Information Act for public discussion to improve provisions, protect citizens’ rights, and enable the involvement of a broader interested public.

The content of this law directly affects citizens’ rights to access information of public importance, as well as the work of journalists and civil society organizations that monitor government activities. In recent days, we have received several reactions and warnings that the proposed solution will further enable authorities to hide information of public interest.

This regulation concerns all citizens for whom it is the only mechanism to obtain information under the control of public authorities. Unfortunately, the proposed solution eliminates the possibility of appealing the decision of the authority from which information is requested, so those who wish to protect their rights will have to engage in legal proceedings, incurring additional costs for legal representation, court fees, etc., leading to a high likelihood that some will give up at the outset.

The publication of this draft law has caused negative reactions in the public and media due to contentious provisions that limit the right to appeal, prescribe misdemeanor provisions that will not have practical effects, ignore existing administrative procedure procedures, and potentially prevent effective oversight of public authorities’ actions.

Precisely because of the significance and potential impact of the law on citizens, journalists, and activists, it is necessary for the adoption process to be open, inclusive, and transparent, allowing all interested parties to present their proposals and suggestions.

TI BiH believes that by submitting the law for public discussion, the Brčko District authorities of BiH would send an important message that they respect the principles of democratic decision-making and uphold citizens’ rights to participate in decision-making and shaping public policies.

Press rls_0306

TI BiH on the new Freedom of Information Law of Brčko District: It is unacceptable to deny citizens the right to appeal.

Banja Luka, 21. May 2025: Transparency International in Bosnia and Herzegovina (TI BiH) warns the authorities of Brčko District that the draft of the new law regulating the area...

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TI BiH on the new Freedom of Information Law of Brčko District: It is unacceptable to deny citizens the right to appeal.

Banja Luka, 21. May 2025: Transparency International in Bosnia and Herzegovina (TI BiH) warns the authorities of Brčko District that the draft of the new law regulating the area of access to information contains numerous deficiencies that are contrary to international standards and deny citizens the right to appeal, thereby imposing additional costs on them. TI BiH has submitted comments to the Brčko District Assembly on the draft of the new Freedom of Information Law, which will be discussed at today’s session, with the most contentious issue being that there is no provision for appealing the decision of the authority from which information of public importance is requested.

In practice, this will create additional room for authorities to hide key information about their work, public spending, and other information of public interest from the public, and will force citizens, media, and civil society to initiate expensive legal proceedings. This will require additional costs for legal representation, court fees for lawsuits and judgments, and it is expected that a large number of them will give up at the outset.

Denying the right to appeal is unacceptable because one of the basic principles of administrative procedure is the “principle of two-tiered decision-making,” and this right is also guaranteed by the Constitution of BiH, which incorporates the European Convention on Human Rights and Freedoms. Likewise, certain norms are contrary to international standards, including the provisions of the European Convention on Human Rights and Freedoms, as well as the Council of Europe Convention on Access to Official Documents (Tromsø Convention).

It is also problematic that the misdemeanor provisions are designed so that responsible persons are punished only if they do not comply with the order of the supervisory authority, while there is a complete lack of sanctions if they act unlawfully towards applicants. Until recently, Brčko District applied the BiH law regulating this area, but with the adoption of the new law at the state level as part of the so-called “European laws,” there was a need to regulate this issue at the District level. However, the proposed draft is not aligned with European standards or with laws at other levels.

Therefore, TI BiH appeals to the deputies to return the draft for revision in the parliamentary procedure because the new solution should improve the situation in this area, not worsen it further.

Press rls_21.05.25

TI BiH: The proposed Law on Financing Political Organizations of RS undermines the institutional order and legalizes extortion and corruption.

Banja Luka, 20. May 2025: The Law on Financing Political Organizations, which the parliamentary majority in the Republic of Srpska has submitted for urgent procedure, will create...

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TI BiH: The proposed Law on Financing Political Organizations of RS undermines the institutional order and legalizes extortion and corruption.

Banja Luka, 20. May 2025: The Law on Financing Political Organizations, which the parliamentary majority in the Republic of Srpska has submitted for urgent procedure, will create a parallel system and open up significant space for corruption. This will allow public money to be siphoned into party coffers through privileged private companies, while on the other hand, it will severely impact all parties that do not have control over public resources.

This undermines the institutional order and creates legal uncertainty, as it introduces the jurisdiction of the Republican Election Commission, even though the control of financing is prescribed by the Election Law and the Law on Financing Political Parties of BiH and is under the jurisdiction of the Central Election Commission of BiH.

The proposed Law abolishes budget financing for all parties in response to the OHR’s decision to suspend budget payments to SNSD and United Srpska, as its adoption nullifies the Law on Financing Political Parties from the budgets of the Republic, city, and municipality. The effects of this will be felt most by parties not in power, which will lose the largest portion of their income in this way, and the primary intention is to enable ruling parties to compensate for these revenues through donations from privileged private companies.

This solution allows them to donate up to 100,000 KM to the party, which directly contradicts the state law regulating this area. Additionally, higher limits are set on donations from party members and individuals, which is in complete opposition to the state law.

Furthermore, unlike the current BiH Law, no bans are foreseen on party donations from companies doing business with the state, which practically means the legalization of corruption and a form of extortion.

How this looks in practice is well known to the public from the “corona contracts” affair, where one of the accused in this case admitted in court that he allegedly took 250,000 KM of public money obtained through a tender to United Srpska. TI BiH has repeatedly warned about such occurrences because the reported election campaign expenses are much lower than the actual ones, and just for the last elections the parties reported at least 2.6 million KM lower expenses than TI BiH’s estimate.

From all this, it is clear that the ultimate goal of this proposal is to enable additional sources of funding for parties that have already been abusing public funds, and whose budget financing has now been abolished. What remains unclear is how the proposed law would even be enforceable, given that all issues of revenue, expenses, reporting, oversight, and auditing of parties are already regulated at the BiH level. Therefore, TI BiH calls on deputies to reject this solution because, apart from undermining the institutional order, it also introduces complete chaos in the area of political party financing.

Press rls_20.05.2025.

BH Judiciary Increasingly Closed to the Public: Courts and Prosecutor’s Offices Selectively Share Information, Ignore Citizens and Media

Banja Luka, April 23, 2025 – The Cantonal Court in Zenica, the Prosecutor’s Office of the Brčko District of BiH, the Municipal Court in Tuzla, and the Supreme Court of...

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BH Judiciary Increasingly Closed to the Public: Courts and Prosecutor’s Offices Selectively Share Information, Ignore Citizens and Media

Banja Luka, April 23, 2025 – The Cantonal Court in Zenica, the Prosecutor’s Office of the Brčko District of BiH, the Municipal Court in Tuzla, and the Supreme Court of Republika Srpska are among the highest-rated judicial institutions in BiH according to the Judiciary Transparency Index. In contrast, the lowest-rated institutions show a worrying unwillingness to seriously address corruption.

The highest transparency index scores were recorded by the Cantonal Court in Zenica (87), the Prosecutor’s Office of the Brčko District of BiH (85), and the Municipal Court in Tuzla (82). Also ranking in the top five are the Zenica-Doboj Canton Prosecutor’s Office (81) and the Supreme Court of Republika Srpska (80). On the other hand, the lowest-rated institutions include the Municipal Courts in Kalesija and Sarajevo and the Basic Court in Doboj (30), the Basic Court in Zvornik (29), and the Municipal Court in Srebrenik (26), marking them as the least open judicial institutions in BiH (full results at the end of the release).

The Judiciary Transparency Index, which measures the level of proactive, reactive, and media transparency, shows that one-third of all 94 courts and prosecutor’s offices at all levels in BiH do not respond to media inquiries about their cases. Additionally, 50% of prosecutor’s offices ignored media requests regarding the content of appeals, while 62% of courts refused to provide or completely ignored inquiries about the verdicts they issued.

Media requests for audiovisual materials and access to indictments are most frequently rejected. This obstructive attitude further hampers public oversight of the judiciary.

The index evaluates the availability of information on websites, responses to access to information requests, and cooperation with the media. Each of the three components carries a specific number of points (52, 30, and 18), which together form a total score on a 0–100 scale.

Overall, the analysis shows slight improvement compared to 2022 – more than half of all access to information requests were resolved within legal deadlines with complete responses, and the number of ignored requests dropped from 16% to 12.8%. However, the growing number of rejected requests is concerning, as it may signal increasingly closed institutions.

A further concern is the unequal treatment of requesters – TI BiH received full responses within legal deadlines in over 70% of cases, while citizens received the same information in only 35% of cases. A third of citizens’ requests go unanswered, and every tenth is rejected, indicating systemic discrimination and denial of the public’s right to information.

Proactive transparency has further declined – the number of courts publishing annual plans fell from 61 to only 23, while most courts and prosecutor’s offices still do not publish their budgets online. Although significant progress has been made in regularly publishing hearing schedules (71 of 74 courts), there is still a serious lack of access to court decisions – decisions from 34 courts remain unavailable to the public.

The availability of information on confirmed indictments has significantly improved – the number of prosecutor’s offices publishing full indictments rose from 3 in 2022 to 11 last year. However, six prosecutor’s offices in BiH did not publish information on proposed custody measures in 2024, compared to only one in 2022.

Judicial transparency is crucial for institutional accountability, public trust, and the fight against corruption. However, the analysis by TI BiH and BIRN BiH shows that courts and prosecutor’s offices in BiH still fall short of basic openness standards. Research points to arbitrary application of freedom of information laws, frequent delays, incomplete responses, and violations of legal procedures. These results reflect a broader trend of restricting access to information, a trend TI BiH had already highlighted in 2023 when criticizing a draft law that diminishes existing rights and fails to align with international standards.

TI BiH therefore reminds all institutional representatives, especially in the judiciary, of the importance of the right to freedom of access to information and the significance of proactive transparency as key mechanisms for ensuring citizens’ rights and improving access to justice, thereby strengthening accountability and integrity in the public sector – essential conditions for effective anti-corruption efforts.

Press rls_23_4_2025

Transparentnost pravosuđa (infografike)

r/bSudIndeks 2024Indeks 2022Razlika
1.Kantonalni sud u Zenici8765+12
2.Općinski sud u Tuzli8235+47
3.Vrhovni sud RS8056+24
4.Kantonalni sud u Livnu7973+6
4.Apelacioni sud Brčko Distrikt7940+39
6.Općinski sud u Gračanici7849+20
7.Kantonalni sud u Goraždu7741+36
8.Osnovni sud u Banjoj Luci7670+6
9.Općinski sud u Ljubuškom7543+32
10.Općinski sud u Visokom7463+11
11.Općinski sud u Goraždu7350+23
12.Općinski sud u Livnu7264+8
13.Okružni sud u Banjoj Luci7170+1
14.Općinski sud u Kaknju7056+14
15.Vrhovni sud FBiH6964+5
15.Okružni sud u Doboju6954+15
15.Općinski sud u Jajcu6936+33
18.Okružni sud u Istočnom Sarajevu6741+26
19.Kantonalni sud u Tuzli6556+9
20.Sud BiH6481-17
20.Kantonalni sud u Širokom Brijegu6474-10
22.Osnovni sud Brčko Distrikt6359+4
22.Općinski sud u Velikoj Kladuši6357+6
22.Kantonalni sud u Novom Travniku6361+2
25.Kantonalni sud u Sarajevu6141+20
26.Općinski sud u Sanskom Mostu60600
26.Kantonalni sud u Bihaću6053+7
28.Općinski sud u Bugojnu5947+12
29.Osnovni sud u Prnjavoru5833+25
29.Općinski sud u Bihaću5850+8
29.Osnovni sud u Prijedoru5861-3
29.Osnovni sud u Gradišci5856-2
33.Osnovni sud u Novom Gradu5744+13
33.Osnovni sud u Mrkonjić Gradu5758-1
35.Osnovni sud u Kotor Varoši5636+20
35.Osnovni sud u Trebinju5660-4
37.Općinski sud u Živinicama5533+22
37.Općinski sud u Konjicu5560-5
39.Općinski sud u Žepču5328+25
39.Kantonalni sud u Odžaku5359-6
39.Kantonalni sud u Mostaru5340+13
39.Osnovni sud u Modriči5361-8
43.Osnovni sud u Bijeljini5260+8
44.Osnovni sud u Kozarskoj Dubici5138+13
45.Općinski sud u Orašju5059-9
45.Osnovni sud u Derventi5048+2
45.Opcinski sud u Kiseljaku5031+19
48.Općinski sud u Travniku4954-5
49.Općinski sud u Cazinu4836+12
49.Općinski sud u Gradačcu4836+12
51.Osnovni sud u Tesliću4682-36
52.Osnovni sud u Vlasenici4537+8
52.Osnovni sud u Srebrenici4526-19
52.Općinski sud u Lukavcu4544+1
55.Okružni sud u Trebinju4457-13
56.Osnovni sud u Višegradu4339+4
56.Općinski sud u Banovićima4329+14
56.Općinski sud u Širokom Brijegu4351-8
56.Osnovni sud u Foči4336+7
60.Općinski sud u Zenici4239+3
61.Općinski sud u Bosanskoj Krupi4157-16
61.Općinski sud u Čitluku4123+18
63.Općinski sud u Tešnju3735+2
63.Općinski sud u Čapljini3750-13
65.Osnovni sud u Sokocu3543-8
66.Okružni sud u Bijeljini3438-4
66.Okružni sud u Prijedoru3446-12
68.Općinski sud u Zavidovićima3237-5
69.Općinski sud u Mostaru3124+7
70.Općinski sud u Sarajevu3049-19
70.Općinski sud u Kalesiji3043-13
70.Osnovni sud u Doboju3038-8
73.Osnovni sud u Zvorniku2954-25
74.Općinski sud u Srebreniku2630-4

 

r/bTužilaštvoIndeks 2024Indeks 2022Razlika
1.Tužilaštvo Brčko Distrikta BiH8575+10
2.Kantonalno tužilaštvo Zeničko-dobojskog kantona8163+18
3.Kantonalno tužilaštvo Posavskog kantona7775+2
4.Republičko javno tužilaštvo RS7668+8
4.Okružno javno tužilaštvo u Banjoj Luci7672+4
6.Kantonalno tužilaštvo Unsko-sanskog kantona7550+25
6.Kantonalno tužilaštvo Srednjobosanskog kantona75750
8.Federalno tužilaštvo FBiH7355+18
9.Okružno javno tužilaštvo u Bijeljini7155+16
10.Tužilaštvo Bosne i Hercegovine6769-2
11.Okružno javno tužilaštvo u Istočnom Sarajevu6457+7
11.Kantonalno tužilaštvo Kantona 10/Livno6437+27
13.Kantonalno tužilaštvo Tuzlanskog kantona5967-8
13.Okružno javno tužilaštvo u Doboju5953+6
15.Kantonalno tužilaštvo Kantona Sarajevo5735+22
16.Okružno javno tužilaštvo u Prijedoru5368-15
17.Kantonalno tužilaštvo Zapadnohercegovačkog kantona5262-10
18.Kantonalno tužilaštvo Bosansko-podrinjskog kantona4647-1
19.Kantonalno tužilaštvo Hercegovačko-neretvanskog kantona3435-1
20.Okružno javno tužilaštvo u Trebinju3260-28

Increased Number of Corruption Reports – Citizens Increasingly Seeking Legal Assistance

Banja Luka, March 31, 2025 – In 2024, the Legal Aid Centre of Transparency International in Bosnia and Herzegovina (TI BiH) handled 391 new cases based on citizen reports,...

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Increased Number of Corruption Reports – Citizens Increasingly Seeking Legal Assistance

Banja Luka, March 31, 2025 – In 2024, the Legal Aid Centre of Transparency International in Bosnia and Herzegovina (TI BiH) handled 391 new cases based on citizen reports, marking an 8.1% increase compared to the previous year. The growing number of cases and citizen reports points to the increasing frequency of corruption, confirmed by the findings of the Corruption Perceptions Index (CPI), which ranks BiH as the second most corrupt country in Europe, but also reflects rising public trust in the effectiveness of legal aid provided by TI BiH.

TI BiH responded to 1,694 calls through the toll-free hotline 0800 55555, and 377 cases were initiated based on citizen reports, while 14 were initiated by the Centre. As in previous years, the majority of reports concerned the public administration sector (166), followed by the judiciary (36), education (33), and healthcare and conflict of interest (26 each).

The Centre’s work also led to concrete results in actions taken by judicial institutions. The Federal Prosecutor’s Office of FBiH upheld two complaints filed by TI BiH, overturning previous decisions not to conduct investigations in the case of a rigged recruitment at the Oriental Institute of the University of Sarajevo and the decision of the Cantonal Prosecutor’s Office of SBK not to investigate unpaid concession fees worth over BAM 1.7 million.

A significant part of the Centre’s work focused on protecting the right to access information, with 32 administrative disputes launched due to violations of the Freedom of Access to Information Act—marking the highest number in the past four years and confirming previous TI BiH findings that public bodies show an unsatisfactory level of transparency and protection of the public interest.

Two cases relate to the denial of information by the BiH Prosecutor’s Office concerning persons sanctioned by OFAC and corruption-related investigations. TI BiH won 16 cases launched in previous years, granting citizens and journalists access to information that had previously been withheld.

Based on TI BiH’s complaints, the BiH Ombudsman Institution issued four recommendations, while three criminal complaints for corruption-related offences were submitted to the competent prosecutors. Additionally, the Centre filed four appeals to the Constitutional Court of BiH, and one appeal from the previous year was upheld, confirming the violation of the right to a trial within a reasonable time.

Institutional responses and court decisions in cases initiated by TI BiH confirm the need for continued reform in appointment practices and procedures within public institutions. Notably, the RS Commission for the Prevention of Conflict of Interest determined that a municipal councillor and acting assistant minister in the RS Government was in a conflict of interest, while a ruling by the District Court in Banja Luka confirmed that acting officials are subject to the same obligations as permanent officeholders.

Furthermore, the RS Appeals Commission annulled the decision to dismiss the case against an advisor to the RS president over potential incompatibility of functions, creating space for further proceedings in this case.

TI BiH submitted three complaints to the Central Election Commission concerning the holding of incompatible functions and violations of the BiH Election Law. In total, 26 cases related to conflict of interest were recorded in 2024, indicating that institutions remain insufficiently committed to addressing corruption risks in this area.

The Legal Aid Centre of Transparency International in BiH remained a key actor in the fight against corruption in 2024, providing tangible legal protection to citizens while also initiating systemic changes that contribute to greater institutional accountability and transparency.

Number of Corruption Indictments Lowest in the Past Four Years: Ensure Judicial Independence and Prevent Further Pressure

Sarajevo, March 18, 2025 – The judiciary in Bosnia and Herzegovina continues to yield to corruption – sentences are dominated by suspended penalties, investigations are being...

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Number of Corruption Indictments Lowest in the Past Four Years: Ensure Judicial Independence and Prevent Further Pressure

Sarajevo, March 18, 2025 – The judiciary in Bosnia and Herzegovina continues to yield to corruption – sentences are dominated by suspended penalties, investigations are being dropped, acquittals are becoming more frequent, and the number of convictions for high-level corruption has decreased compared to the previous year. In 2024, some prosecutor’s offices did not issue a single indictment for high-level corruption crimes, and the lenient penal policy combined with a declining number of indictments confirms the institutions’ alarming unwillingness to seriously tackle corruption.

Of the 194 corruption convictions, nearly half (46%) resulted in suspended sentences, and in 2024 there were 130 final convictions, almost 8% fewer than in 2023. Meanwhile, courts in Bosnia and Herzegovina issued 20% more acquittals in 2024 compared to the previous year (26 vs. 31), despite BiH being ranked the second most corrupt country in Europe and scoring its worst result since 2012 in the Corruption Perceptions Index (CPI) by Transparency International.

One of the key factors in the widespread presence of corruption is the penal policy, which not only lacks severity but shows a trend toward further leniency. The share of fines in final judgments increased from 4.7% to 8.4%, while corruption offences are still most commonly sanctioned with suspended sentences, which accounted for 51.5% of final convictions in 2024.

Data published by TI BiH on the Interactive Map of Corruption Prosecution show that BiH prosecutors have also made little progress. In 2024, they issued 699 decisions not to conduct investigations – 6.2% more than the previous year – while the number of newly opened corruption investigations decreased. Of 262 resolved investigations, 98 were terminated, meaning that one in three corruption investigations ended with dismissal. The number of initiated investigations for high-level corruption dropped by 15%, and the number of indictments filed for corruption offences reached a four-year low.

Notably, the Cantonal Prosecutor’s Offices in Posavina Canton, Canton 10, West Herzegovina Canton, Goražde Canton, and the Brčko District Prosecutor’s Office issued no indictments for high-level corruption in 2024. This highlights the urgent need to establish operational conditions for the Special Department of the Federal Prosecutor’s Office to combat corruption, organized crime, and inter-cantonal crime.

TI BiH, together with the Balkan Investigative Reporting Network (BIRN BiH), conducted a study on the transparency of judicial institutions. The findings show that courts and prosecutors responded within legal deadlines to only 40% of freedom of information (FOI) requests submitted by citizens. One-third of citizen requests (35%) were either ignored or rejected. In contrast, TI BiH received complete responses in 72.3% of cases, suggesting that institutions discriminate based on who is submitting the request, assuming citizens lack the means or motivation to pursue appeals and enforce their legal rights.

Some improvements were observed: the number of prosecutor’s offices publishing full indictments rose from 3 in 2022 to 11 in 2023. However, given that 45% of prosecutor’s offices still do not publish indictments and that citizens’ FOI requests are not treated equally, there remains significant room to improve judicial transparency.

The event also served as an opportunity to discuss the adoption of the new Law on the High Judicial and Prosecutorial Council (HJPC), with an emphasis on ensuring judicial independence from the executive. TI BiH reiterated its earlier proposals for clear criteria for selecting HJPC members, prioritizing qualifications over ethnic background, preventing conflicts of interest through stricter provisions and sanctions, and establishing effective asset verification mechanisms, including mandatory disclosure of close relatives’ assets.

TI BiH has also long advocated for defining clear criteria for appointing commission members who evaluate and test candidates for judicial positions, in order to prevent subjective influence and manipulation. The Venice Commission, in its Opinion on the draft HJPC law, endorsed many of TI BiH’s recommendations, stressing that competence should take precedence over ethnicity and that objective, measurable criteria should guide the selection of candidates for key judicial positions.

Who Pays for the Election Campaign? Parties Concealed BAM 2.6 Million in Reports, Election Law Amendments Failed to Prevent Misuse of Resources

Sarajevo, March 17, 2025 – Political parties concealed at least BAM 2.6 million in campaign expenses in their post-election financial reports, while the amendments to the...

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Who Pays for the Election Campaign? Parties Concealed BAM 2.6 Million in Reports, Election Law Amendments Failed to Prevent Misuse of Resources

Sarajevo, March 17, 2025 – Political parties concealed at least BAM 2.6 million in campaign expenses in their post-election financial reports, while the amendments to the Election Law imposed by the OHR failed to prevent the misuse of public resources, according to a Transparency International in BiH report on the monitoring of the Local Elections, presented today in Sarajevo.

The legal amendments were intended to regulate party financing and prevent the abuse of institutional resources, public funds, and official functions for campaign purposes. However, TI BiH’s data shows that all levels of government distributed approximately BAM 60 million in one-off payments to pensioners and other social groups before the elections. Although the law clearly prohibits indirect vote-buying through public funds, these provisions were rendered ineffective in practice due to the way the Central Election Commission (CEC) applied them.

The CEC received over 200 reports of resource misuse from various sources, yet sanctions were issued in only 6% of cases, mostly related to the misuse of communication tools on social media.

In terms of campaign spending, TI BiH’s monitoring of pre-election rallies and advertising via billboards, media, and social networks estimated that parties spent over BAM 12.3 million. However, in their official post-election reports, all parties collectively reported only BAM 9.7 million in campaign expenditures. This is BAM 2.6 million less than TI BiH’s calculation based solely on four campaign segments, with the SNSD alone concealing approximately BAM 1 million.

During a panel discussion held at Europe House in Sarajevo, representatives of political parties, the Central Election Commission, and civil society emphasized the need to further improve election legislation and called on Members of the Parliamentary Assembly of BiH to adopt the necessary technical amendments to the Election Law.

The goal should be to introduce new technologies and solutions to prevent electoral result manipulation, vote-trading in polling station committees, and the misuse of public resources. Existing legal provisions restricting the use of public resources need to be strengthened, and limitations on public spending during the pre-election period must be established.

It is also essential to improve transparency in campaign financing, as the current legal framework enables political parties to finance a significant part of their campaigns through prohibited sources, namely privileged private companies that do business with the public sector.

Authorities Introduce Brutal Dictatorship in Republika Srpska – Arson of Nebojša Vukanović’s Car a Result of Lynch-Mob Atmosphere

Banja Luka, March 14, 2025 – By adopting the Law on the Protection of the Constitutional Order of Republika Srpska, which establishes parallel judicial institutions and a...

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Authorities Introduce Brutal Dictatorship in Republika Srpska – Arson of Nebojša Vukanović’s Car a Result of Lynch-Mob Atmosphere

Banja Luka, March 14, 2025 – By adopting the Law on the Protection of the Constitutional Order of Republika Srpska, which establishes parallel judicial institutions and a para-intelligence “Service for the Protection of the Constitutional Order,” the ruling regime is ushering Republika Srpska into a phase of open dictatorship. This will have devastating consequences for citizens’ human rights and freedoms, which have already come under brutal attack in recent days. The persecution of dissent is now legalized, while the creation of such bodies gives the regime the tools to repress opponents by the most brutal means.

Transparency International in BiH warns that such laws and actions are characteristic of authoritarian regimes and, rather than protecting the constitutional order, they in fact represent its grave undermining. These developments lay the legal groundwork for state terror against its own citizens – a culmination of earlier decisions. Such processes are typical in dictatorships where legitimacy is lost, and the authorities resort to legal and violent methods to suppress dissent.

We recall that the government has already adopted a series of laws restricting media freedom, freedom of speech, association, and public assembly. This has been followed by legislation that not only disrupts the constitutional framework and attacks institutions, but also aims to assert full control over the judiciary and law enforcement agencies – with the sole purpose of shielding Milorad Dodik from prosecution.

Finally, the adoption of such laws is taking place in a lynch-mob atmosphere orchestrated by the ruling authorities, with open calls for violence from the parliamentary floor and attacks on journalists and the opposition. This has culminated in the arson of opposition MP Nebojša Vukanović’s car outside his family home in Trebinje – an act that TI BiH strongly condemns, calling on institutions to respond urgently.

Transparency International in BiH therefore urges an immediate constitutional review of these legislative provisions and calls on law enforcement agencies to ensure the safety of all citizens. We also expect institutions themselves to resist pressure and attacks in order to uphold the fundamental rights of the public.

Professional supervision, written testing and interview recording – proposals for fair and equitable employment

Sarajevo, March 12, 2025 – Recording interviews, mandatory written testing of all candidates using advanced question-selection software, professional and independent oversight...

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Professional supervision, written testing and interview recording – proposals for fair and equitable employment

Sarajevo, March 12, 2025 – Recording interviews, mandatory written testing of all candidates using advanced question-selection software, professional and independent oversight of the entire recruitment process, and mandatory public reporting on conducted competitions are among the key proposals for a fair and transparent public sector employment process put forward by Transparency International in Bosnia and Herzegovina (TI BiH).

Employment is the area where citizens most frequently encounter corruption, as shown by data from the TI BiH Free Legal Aid Center, which has handled 2,936 citizen reports since 2011, with 1,191 related to public administration, primarily employment. The widespread nepotism, favoritism toward politically connected candidates, and lack of transparency have led nearly four-fifths of BiH citizens (78.6%) to believe that public sector jobs are obtained “through connections.”

“Recruitment processes in the public sector are too often under political control, criteria are interpreted selectively, and favored candidates are known in advance. This situation enables political manipulation and supports a captured state — where institutions serve party interests instead of those of citizens,” was stated at the Fair and Transparent Employment conference organized by TI BiH under the project Preventing the Capture of Institutions and Public Resources (CERC), implemented with the support of the Government of the United Kingdom through the UK International Development program.

For this reason, TI BiH has proposed a new model of oversight over recruitment procedures in the public sector, to be entrusted to independent bodies such as anti-corruption offices, responsible for selecting, training, and supervising employment supervisors. This supervision mechanism should be institutionalized through regulations on hiring procedures by cantonal ministries of labor, ensuring adequate training and capacity-building of supervisors to guarantee their expertise.

In addition to supervision, stricter and fairer recruitment procedures have been proposed, including mandatory written testing, using exam questions generated immediately before the test via software solutions, and mandatory video recording to ensure objective and impartial evaluation and oversight at all stages.

It is also proposed that supervisors’ reports on conducted procedures be made publicly available, providing the public with an additional layer of control, while candidates would have the opportunity for direct communication with supervisors to report any irregularities in the recruitment process. Finally, and perhaps most importantly, the proposal includes clear obligations for supervisors to report identified irregularities and for institutions to act on supervisors’ findings.

Employment supervision was previously applied in Sarajevo Canton but was abolished in 2024. Although it showed certain shortcomings in its design and application, it demonstrated that supervisors prevent irregularities at an early stage — before they develop into serious abuses.

“Supervisors influenced greater caution by commissions, correction of mistakes on the spot, and the creation of an atmosphere of accountability. Their presence reduced the possibility of manipulation, while candidates had an additional channel to report suspicions. Although the mechanism was abolished in 2024, analyses clearly show that its potential was much greater,” showed the analysis presented by TI BiH at the conference.

The proposed supervision mechanism is not just an administrative tool — it is an institutional response to the systemic problem of corruption in employment. Through transparency, independence, and public accountability, this model can become the foundation for fairer employment, reducing corruption risks and limiting the space for political control over public sector hiring.

Therefore, Transparency International BiH has called on governments and will submit official initiatives for them to urgently adopt regulations institutionalizing the supervision mechanism in employment and establishing clear standards of transparency, objectivity, and accountability in recruitment procedures.

Laws Adopted by the RS National Assembly Represent a Retaliatory Attack on All Critical Voices

The laws adopted by the ruling majority in the National Assembly of Republika Srpska constitute a retaliatory blow against all critical voices in the entity, particularly...

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Laws Adopted by the RS National Assembly Represent a Retaliatory Attack on All Critical Voices

The laws adopted by the ruling majority in the National Assembly of Republika Srpska constitute a retaliatory blow against all critical voices in the entity, particularly targeting independent civil society organizations, media, and the opposition. The undersigned civil society organizations stress that the adoption of the so-called “Foreign Agents Law,” which has long been threatened, has created the groundwork for systemic persecution of dissent. Furthermore, amendments to the Criminal Code, intended to force state-level MPs, judicial officeholders, and other BiH institutional employees into blindly following the decisions of the RS ruling majority, represent a severe blow to the foundations of democracy in the country. These laws were adopted in an atmosphere of public lynching and persecution fostered by government officials, culminating in last night’s assault on journalists by an advisor to the RS President – an attack we strongly condemn.

The Law on a Special Registry and Publicity of Non-Profit Organizations was passed under urgent procedure, with claims that its rejection would “undermine the constitutional order,” effectively putting a target on numerous organizations and media already labeled “enemies” by the government in recent days. This law was introduced as an act of revenge and part of a broader political response to the verdict against Milorad Dodik, debunking claims that its true aim was to “increase transparency and prohibit political activity by associations.”

We emphasize that RS institutions already have full legal authority to monitor financial and other operations of civil society organizations. Political activity by associations is already prohibited under current law – yet, this has clearly not applied to government-controlled NGOs, budget-funded groups that openly supported political parties and candidates in previous elections.

Under this law, any organization receiving international funding will automatically be branded a “foreign agent,” despite the fact that RS authorities themselves rely on funding from the same sources. Additionally, the law prohibits independently funded associations from proposing laws or “influencing public opinion,” precisely because they expose systemic problems in society.

This law provides a legal basis for arbitrary targeting and shutdown of any organization not aligned with government interests, under vague and subjective interpretations, on grounds such as political activity or undermining the constitutional order. Affected groups could include those working on human rights and anti-corruption, but also sports clubs, women’s rights organizations, labor unions, consumer rights defenders, and humanitarian NGOs.

The law will have devastating consequences for many organizations that have long supported citizens through social assistance, protection from violence and abusers, humanitarian action, legal aid, and more. We particularly stress that the amendments to the Criminal Code constitute an unacceptable attack on the core democratic values, allowing the ruling majority to control MPs, judges, prosecutors, officials, and other institutional employees.

These laws violate the Constitutions of Republika Srpska and Bosnia and Herzegovina, the European Convention on Human Rights and Fundamental Freedoms, and key international standards. They will not only silence or ban civil society organizations and stifle dissent but will also bring economic harm through the isolation of RS, stalled European integration, and reduced investment. We therefore call on the delegates in the Council of Peoples to stop the adoption of these repressive laws and urge the authorities to refrain from this and other announced acts of retaliation.

Signed by:

 

Banjalučki centar za ljudska prava
Centar za demokratiju i tranzicionu pravdu, Banja Luka
Centar za građansku suradnju, Livno
Centar za mlade KVART Prijedor
Centar za informativnu dekontaminaciju mladih
Centar za promociju civilnog društva CPCD
Centar za razvoj medija i analize CRMA
Centar za životnu sredinu
Centri civilnih inicijativa CCI
Fondacija “Lara”, Bijeljina
Fondacija “Udružene žene”, Banja Luka
Fondacija lokalne demokratije
Helsinški parlament građana Banja Luka
Humanitarna organizacija „Genesis Project“
Kuća ljudskih prava Banja Luka
Omladinska organizacija “Centar” Mrkonjić Grad
Oštra Nula
Mreža za izgradnju mira
Radnička solidarnost
Restart Srpska
Rosen Metod Centar BiH
Transparency International u Bosni i Hercegovini (TI BiH)
Udruzenje “Novi put”, Mostar
Udruženje građana “Mikro mreža”, Gradiška
Udruzenje gradjana “Buducnost”
Udruženje “IMPULS”
Udruženje Dignitet
Udruženje građana eTrafika.net
Udruženje građana RS “Stop mobbing“
Udruženje nezavisnih stvaralaca i aktivista GETO
Udruženje paraplegičara i oboljelih od dječje paralize Velika Kladuša
Udruženje Umbrella
Udruženje Val
Udruženje za promociju evropskih standarda i unapređenje poslovnog ambijenta Banjaluka
Udruženje za promociju medijskih sloboda, kritičko i istraživačko novinarstvo (SKIN)/Valterportal
Udruženje za zaštitu životinja Vardi
Udruženje žena “Napravi Razliku”
Udruženje žena Plane Makljenovac
UG SEMPER – portal Gerila
Ženska vizija Tuzla
Zdravo da ste
Udruženje građana “Druga priča” Trebinje – portal Direkt
Moja Hercegovina
Fondacije za kreativni razvoj iz Sarajeva
Udruge za promoviranje društvene solidarnosti “Srce za bližnje”.

Worst Result Yet: BiH Among the Three Lowest-Ranked Countries in Europe in Terms of Corruption

Sarajevo, 11 February 2025 Bosnia and Herzegovina has suffered a significant decline in this year’s Corruption Perceptions Index (CPI), recording its worst score to date with 33...

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Worst Result Yet: BiH Among the Three Lowest-Ranked Countries in Europe in Terms of Corruption

Sarajevo, 11 February 2025 Bosnia and Herzegovina has suffered a significant decline in this year’s Corruption Perceptions Index (CPI), recording its worst score to date with 33 points, placing it alongside Belarus as the second worst-ranked country in Europe. This represents a drop of two points compared to last year and a decline of nine points since 2012, when BiH was among the better-ranked countries in the region. Today, it sits at the bottom of the Western Balkans, which on average shows slight progress.

The latest drop was heavily influenced by the collapse of integrity in the electoral process, as serious allegations of electoral fraud have plagued several election cycles. BiH now ranks alongside authoritarian regimes where governments have never changed through elections. Amendments to the electoral law imposed by the High Representative failed to address the issue, as the Central Election Commission effectively nullified most of the provisions meant to prevent abuse of public resources and manipulation of polling boards.

In a country with a façade of democracy, a government facing a legitimacy crisis is intensifying pressure on critics. This has been most visible in Republika Srpska through a series of attacks on civil society and the adoption of repressive laws aimed at silencing independent media and disabling associations not controlled by the government. This year’s TI report emphasizes that strong democratic institutions are key to effective anti-corruption efforts. Fully democratic states average a CPI of 73, flawed democracies 47, while non-democratic regimes average 33 – the exact score BiH received this year.

The focus of this year’s global CPI research is the impact of corruption on the environment. It shows how powerful individuals profiting from environmental destruction use their wealth and influence to buy government support and suppress dissent. This is highly relevant to BiH, where, following the tragedy in Jablanica and numerous ecological issues (such as Bistrica, Lopare, Ozren, Vareš, Livno, and the Gudron pit in Modriča), it has become clear that profits for a few matter more to authorities than the lives, safety, and health of local populations. TI BiH’s data on concessions show that the state earns modest revenues from significant natural resources, while individuals benefit due to weak laws and non-transparent governance, avoiding obligations and acquiring public assets at the expense of the public interest.

The dire state of the judiciary remains BiH’s weakest link. TI’s regional report notes that upcoming judicial reforms still contain many shortcomings. These reforms fail to improve the appointment process or ensure effective asset checks for judges and prosecutors. Last year’s amendments to the HJPC Law, intended to address these issues, have yet to be implemented. The captured judiciary continues to show poor results in prosecuting high-level corruption. Despite some convictions of senior officials in the Federation last year, the most serious corruption scandals remain unresolved.

Given all this, institutions must undertake urgent reforms. In its comprehensive National Integrity Study, Transparency International outlined anti-corruption steps across key sectors. These include regulating conflict of interest, systemic whistleblower protection, stronger oversight of the executive, electoral reform, and strengthening the independence of the judiciary and other law enforcement agencies – all of which align with BiH’s path toward EU integration.

Press rls_11.2.25

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INTRODUCING THE ‘ACCESS TO INFORMATION’ TOOL: A STEP TOWARD GREATER TRANSPARENCY IN BIH

"Access to Information", a tool for creating requests for free access to information, drafting urgentities and complaints, and receiving reminders for deadlines for each step of the process of obtaining information of public importance from all institutions in Bosnia and Herzegovina, was presented today in Sarajevo.

Sarajevo, January 30, 2025 – Today in Sarajevo, the online tool ‘Access to Information’ (Pristupi Informacijama) was officially presented. This platform enables users to...

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INTRODUCING THE ‘ACCESS TO INFORMATION’ TOOL: A STEP TOWARD GREATER TRANSPARENCY IN BIH

Sarajevo, January 30, 2025 – Today in Sarajevo, the online tool ‘Access to Information’ (Pristupi Informacijama) was officially presented. This platform enables users to create requests for free access to information directed at all institutions in Bosnia and Herzegovina. The tool, available at pristupinformacijama.ba, provides an automated and intuitive process for submitting requests and allows citizens, media, and civil society organizations to draft and send follow-ups and appeals, as well as receive reminders for deadlines at each stage of obtaining information of public importance.

“The aim of this tool, whose development was supported by the European Union, is to enhance access to information, which not only improves the transparency of public authorities but also increases citizens’ participation in the work of institutions. This is a fundamental prerequisite for the democratic nature, openness, and accountability of institutions, stated Aurelie Valtat, Head of Political, Press and Information Section at the Delegation of the European Union in BiH.

The Access to Information tool features an intuitive and user-friendly interface that guides users through each step of drafting an access to information request. It also contains a database of several thousand public institutions, agencies, enterprises, and organizations at all levels of government in Bosnia and Herzegovina, allowing citizens to direct their inquiries appropriately.

Once a request is created, users can print and send it to the relevant institution, after which the tool tracks deadlines and automatically notifies users of available options, such as sending a follow-up or appeal if the public authority fails to respond within the legally prescribed timeframe. Additionally, citizens can request legal assistance if they encounter difficulties in obtaining the requested information.

“Our goal was to provide citizens with a simple and intuitive way to draft their requests independently, enabling them to obtain information from public authorities, as this is one of the fundamental rights guaranteed by freedom of information laws,” said Marko Vujić, a legal aid associate at Transparency International in BiH (TI BiH), which implemented the project in collaboration with Vaša prava BiH (VP BiH).

It is important to emphasize that the Access to Information tool enables users to submit requests to all public institutions in BiH while automatically selecting the appropriate legal framework based on the level of government and the institution’s jurisdiction. This feature significantly simplifies the process, considering that three different laws currently regulate access to information in Bosnia and Herzegovina.

The presentation of the Access to Information tool also highlighted shortcomings in the Freedom of Information Law in BiH. A legal analysis of the law reveals inconsistent terminology, unclear provisions on the public interest test, a lack of harmonization with other legal acts, unjustifiably long response times, and the absence of adequate sanctions, all of which hinder its implementation and reduce the efficiency of public access to information.

“Due to vague provisions and inconsistencies with other laws, which allow for ambiguous interpretations, the implementation of the Freedom of Information Law in Bosnia and Herzegovina has become arbitrary and unreliable, further eroding public trust in institutions,” said Emir Prcanović, Director of Vaša prava BiH.

The discussion also highlighted weaknesses in the entity-level access to information laws, such as the lack of proactive disclosure provisions, non-compliance with international standards, and the absence of an oversight mechanism in the Freedom of Information Law of Republika Srpska.

Enhancing transparency and institutional accountability is crucial for rebuilding public trust and ensuring the effective functioning of a democratic society. To this end, TI BiH plans to organize training sessions and workshops for media professionals and civil society representatives to familiarize them with the Access to Information tool. These efforts aim to promote the practical application of the right to information and encourage greater proactive transparency among public institutions.

TI BiH: Introduction of Censorship “Through the Back Door” via Amendments to the FBiH Criminal Code

Sarajevo, January 28, 2025: The Federal Ministry of Justice’s intention to penalize the publication of personal photos, videos, and other content without consent through fines...

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TI BiH: Introduction of Censorship “Through the Back Door” via Amendments to the FBiH Criminal Code

Sarajevo, January 28, 2025: The Federal Ministry of Justice’s intention to penalize the publication of personal photos, videos, and other content without consent through fines and imprisonment, as proposed in amendments to the Criminal Code of the Federation of BiH, opens the door to abuse and imposes censorship in the public sphere, warns Transparency International in BiH.

The proposed Article 193a is even more repressive than provisions in the controversial amendments to the RS Criminal Code that criminalized defamation in 2023 and laid the groundwork for suppressing public criticism. While in Republika Srpska unauthorized publication is punishable only if it causes harm to the person depicted or their family, the FBiH proposal treats any publication without consent as a criminal offense, creating broader potential for misuse.

Furthermore, the draft lacks clear exemptions for cases of public interest – such as content exposing illegal activity or harm to others. The provision is also problematic in that it criminalizes publication of any content of a “personal nature” without defining what this entails, leaving room for arbitrary interpretation and sanctions.

The explanation for the draft amendments states that this criminal offense was added after the public consultation phase, supposedly in response to requests from the “social community” to protect privacy. Notably, this provision was not part of the initial draft that underwent public debate, where many organizations and individuals had the opportunity to provide input. By introducing it later, the public was denied a chance to comment on the potentially harmful implications of such a provision.

The House of Representatives of the FBiH Parliament adopted the draft in 2022 and tasked the proposer to conduct public consultations and consider all feedback.

However, since the criminal offense of Unauthorized Publication and Display of Files, Portraits, and Recordings was not included in the draft, the public was denied the opportunity to submit comments or suggestions. TI BiH has therefore contacted the Federal Ministry of Justice requesting information on when the provision was added to the final proposal and at whose initiative.

TI BiH stresses that public participation in lawmaking is essential to identify potential legal ambiguities, risks of abuse, and harmful impacts. While protecting privacy is legitimate, legal amendments aimed at protecting vulnerable groups and clarifying forms of violence must not be misused to impose censorship or restrict media freedom.
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Press rls_28.01.25

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