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Judiciary in BiH is still ineffective in prosecuting corruption

Banja Luka, June 16, 2011. – Transparency International Bosnia and Herzegovina (TI BiH) carried out a new analysis of prosecuting corruption in the courts and prosecutor’s...

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Judiciary in BiH is still ineffective in prosecuting corruption

Banja Luka, June 16, 2011. – Transparency International Bosnia and Herzegovina (TI BiH) carried out a new analysis of prosecuting corruption in the courts and prosecutor’s offices in BiH for 2010. The analysis included available data on the number of investigations and convictions for crimes of corruption as well as on the reports on the work of the judiciary and the implementation of the law on confiscation of illegally acquired assets.

Data on the investigation initiated by prosecutors in BiH, indicate that, compared to 2009. there was  a reduction  in the total number of investigations, which also applies to investigations of corruption and criminal acts against official duties.

On the other hand, it is indicative, that comparing the number of reports with the number of investigations we get to the data that almost a third of reported acts of corruption completes with an investigation. A large number of rejected reports points to the poor quality of the collected evidence or to inadequate use of special investigative procedures that would lead to the indictment.

It is important to emphasize that the proportion of investigations, relating to criminal offenses of corruption, is extremely small in comparison with the total number of investigations, it is only 2%. On the other hand, although the number of indictments for corruption and abuse of a position increased over the previous year, still, their proportion of 1,5 % of the total number of indictments is unsatisfactory.

When it comes to the final outcome of indictment, i.e, court rulings, there is a noticeable stagnation in the work of courts, given that the number of acquittals and decisions of suspension has increased and nearly the same number of acquittals and convictions has been adopted as in 2009. When it comes to offenses related to corruption, still, their proportion of convictions for these crimes in the total number of convictions is less than 1%. This confirms that the number of convictions for corruption is still very low, and that in any case does not provide an adequate response from institutions to more dramatic level of corruption in the country.

On the other hand, there is a fact that, still, there haven’t been any convictions in the investigations that were being conducted against high-ranking officials, but these rulings are relating mainly to the cases of so called “ Petty’ corruption. This does not favor either the recent transfer of the investigation of corruption at the highest levels of government from state prosecutor’s office to lower instances, which in particular shows that the judiciary in BiH is yielding to political pressure and lacks in willingness to grapple with the prosecution of persons of authority.

The only progress was achieved through increasing the prison sentences imposed in cases of abuse of official position. However, when it comes to classic works of corruption, such as giving and receiving bribes, penal policy, they still have not changed, since two prison sentences were imposed for these offenses, and even 7 were suspended sentences. This statistic confirms earlier warnings of TI BiH that such penal policy cannot bring significant results to combat corruption and moreover, it has a stimulating effect on offenders.

Regarding the confiscation of illegally acquired assets, during 2010,. the property  was seized in approximately 220 cases amounting to about 17 million KM, of which 10 million was seized by the decisions of the Court BiH. However, there are still no information about how much are the amounts seized in criminal cases of corruption.

All these mentioned figures show that commitment and willingness of institutions still haven’t been shown in sanctioning corruption in an adequate way.

On the other hand, reports on the progress of BiH, that the European Commission publishes year by year, just highlight the need for more decisive prosecution of corruption, which is one of the key factors for the progress of BiH towards the European Union. When the results of research of citizen’s perception on corruption are added, which indicates not only their concern about corruption, but also a growing loss of their trust in judicial institutions, it is clear that it is high time for the judiciary in BiH to take more active role to combat corruption and to show greater efficiency in its prosecution, especially when it comes to corruption at higher levels of authority.

TI BiH pointed out to the European Commission the insufficient efforts of the authorities in the fight against corruption

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TI BiH pointed out to the European Commission the insufficient efforts of the authorities in the fight against corruption

TI BiH is organizing a two-day conference on financing of political parties and election campaigns

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TI BiH is organizing a two-day conference on financing of political parties and election campaigns

There is still no progress in the implementation of the Anti-Corruption Strategy

Activities on the implementation of the Strategy are proceeding too slowly, and the operationalization of the Agency for Prevention and Coordination of the Fight against...

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There is still no progress in the implementation of the Anti-Corruption Strategy

TI BIH presents the second report on the implementation of the Anti-Corruption Strategy

Transparency International of Bosnia and Herzegovina (TI BiH) presentation of the second periodic report of the Analysis of the level of implementation of the Anti-Corruption...

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TI BIH presents the second report on the implementation of the Anti-Corruption Strategy

Negligence and frivolity of judiciary in Čović-Lijanovići case

Povodom izvještaja Centra za istraživačko novinarstvo, prema kojem nedostaje 40 originalnih dokumenata u predmetu Čović-Lijanovići, TI BiH apeluje da se provede hitna...

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Negligence and frivolity of judiciary in Čović-Lijanovići case

Sarajevo, March 9, 2011 — In accordance with report of Centre for investigative journalism (CIN), which states that some of original documents from prosecutor’s file in case Čović- Lijanovići are missing, Transparency International BiH (TI BiH) requests immediate investigation and determination of  responsibility of perpetrators of this criminal offense. As stated in CIN report, Prosecutor’s office of Sarajevo Canton determined in June 2010 that 40 original documents in this case were missing.

Apart from the fact that judiciary institutions are showing negligence and frivolity, especially considering that this is the case of high-level position abuse, examples like this are curbing citizens’ confidence into judiciary system even more. For that reason, only an immediate investigation and sanctioning of those responsible for these serious omissions can lead to bringing back the citizens’ trust in thework of judiciary.

The fact that investigations of highly positioned political and public officials in BiH are taking years and have no results is certainly not strengthening citizens’ confidence in the work of judiciary. Considering disastrous penalty policy at BiH courts and the fact that even in very few vindicated cases of corruption courts adjudge probation in 2/3 of cases, along with the fact that, according to the latest data, only 9 final verdicts for corruption were issued in the last year, it is clear that corruption processing in BiH remains acute problem. The latest Global Corruption Barometer by Transparency International indicates that 71% of citizens considers government’s efforts to combat corruption inadequate and judiciary in BiH were rated by citizens with 3,5 on the scale from 1 to 5.

This confirms that citizens themselves are aware of concerning casualness of BiH judiciary regarding corruption prosecution, which was proved by the fact that documents from Čović-Lijanovići case, where former Minister of finance is charged with abuse of office and enabling the gain of 1,8 million KM for the Lijanović family, were simply lost. For this reason, TI BiH once again appeals on judiciary to show seriousness in this case, in order to prevent similar failures in the future.[:] (more…)

[:bs]Nemar i neozbiljnost pravosuđa u slučaju Čović-Lijanovići

Povodom izvještaja Centra za istraživačko novinarstvo, prema kojem nedostaje 40 originalnih dokumenata u predmetu Čović-Lijanovići, TI BiH apeluje da se provede hitna...

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[:bs]Nemar i neozbiljnost pravosuđa u slučaju Čović-Lijanovići

Održane konsultacije predstavnika civilnog društva i institucija o praćenju Strategije za borbu protiv korupcije

TI BiH održao konsultativni sastanak na kojem su dogovoreni osnovni pravci djelovanja i zajedničkih aktivnosti u praćenju provođenja Strategije za borbu protiv korupcije, a...

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Održane konsultacije predstavnika civilnog društva i institucija o praćenju Strategije za borbu protiv korupcije

Most reports of corruption in employment

Applications received at the Transparency International BiH Center for Legal Aid to Citizens in the Fight against Corruption in 2010. point out that citizens are denied daily...

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Most reports of corruption in employment

Applications received at the Transparency International BiH Center for Legal Aid to Citizens in the Fight against Corruption in 2010. point out that citizens are denied daily employment and property rights, as well as the right to access information, due to corruption, and their complaints and reports are ignored by the institutions.

TI BiH is organizing a presentation of Anti-corruption Strategy implementation

Sarajevo, December 22, 2010 – along with presentation of findings of monitoring of Anti-corruption Strategy implementation, there will be discussion about mechanisms contained...

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TI BiH is organizing a presentation of Anti-corruption Strategy implementation

Sarajevo, December 22, 2010 – along with presentation of findings of monitoring of Anti-corruption Strategy implementation, there will be discussion about mechanisms contained in Strategy, in order for better understandingof anti-corruption measures and policies, dialogue and cooperation between institutions, along with setting the recommendations for better and more efficient appliance of anti-corruption measures.

Transparency International Bosnia and Herzegovina, within its project “Monitoring of the implementation of BiH Anti-Corruption Strategy 2009-2014“, is organizing a workshop and a presentation of the first periodical report of Strategy implementation so far.

Along withthepresentation of results of monitoring, there will be a discussion about mechanisms setwithin the Strategy, in order for better understanding of anti-corruption measures and policies, engaging in the dialogue and cooperation between institutions, along with making the recommendations for better and more efficient appliance of anti-corruption measures.

Representatives of all institutions enlisted in the Strategy, such as Anti-corruption Agency, Parliamentary Assembly, Ministry of Security BiH, courts and prosecutors’ offices are expected to be present at the workshop, along with civil society organizations, media and international organizations.

The presentation will be held on Thursday, December 23, startingat 11 a.m. in Hotel Europe and it will be open for media.

Agenda

Presentation of Anti-corruption Strategy 2009-2014 implementation

Transparency International BiH

December 23, 2010, Hotel Evropa, Sarajevo

11.00 a.m.

11.00- 11.10Opening remarks; SrđanBlagovčanin, Executive Director, TI BiH
11.10-11.25Presentation of Anti-corruption Strategy and research on familiarity of institutions with the Strategy; Lejla Ibranović, Project Manager, TI BIH
11.25-11.40Presentation of Strategy Component 3– Corruption prevention; DarkoDatzer, Faculty of Criminal Sciences, University of Sarajevo
11.40-12.00Presentation of Strategy Components  4 and 5 – Laws implementation; Coordination and implementation of Strategy; EldanMujanović, Faculty of Criminal Sciences, University of Sarajevo
12.00-12.40Questions and answers; Discussion
12.45Lunch

Creativity vs. Corruption

Banja Luka, December 9, 2010 – In the occasion of December 9, International Anti-corruption Day, TI BiH is organizing exhibition of works that illustrate problem of...

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Creativity vs. Corruption

Banja Luka, December 9, 2010 – In the occasion of December 9, International Anti-corruption Day, TI BiH is organizing exhibition of works that illustrate problem of corruption. The exhibition is result of cooperation with artists and students through workshops and competition.

As part of its activities aimed at celebrating December 9, International Anti-corruption Day, Transparency International Bosnia and Herzegovina is organizing exhibition of worksthat should illustrate corruption, that are a result of work with artists and high school students, with the aim of presenting the problem of corruption from citizens’ point of view.

Exhibition titled Creativity breaks corruption will be held in Muzicki paviljon in Banja Luka, starting at 11 a.m. It will present works that were submitted through competition, organizedjointly by TI BiH and Buka portal, along with works of high school students and artists that participated through workshops.

TI BiH strived to show different types of creative expression that introduce presence of corruption and its consequences for BiH society, and also to motivate citizens to think about this problem and its overcoming from different angles.

Awards for competition winners will be given at the exhibition, and short documentary made by high school students in cooperation with TI BiH will be also presented.TI BiH is inviting all the citizens to come and join the fight of creativity against corruption.

TI BiH is launching initiative for amendments to the Law on Political Finance

TI BiH is submitting a proposal of the amendments to the Law to the members of Parliament and also to CIK (Central Election Commission of Bosnia and Herzegovina) and Ministry of...

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TI BiH is launching initiative for amendments to the Law on Political Finance

SNSD – new encounter with the opponents

Sarajevo, September 18, 2010. – Transparency International Bosnia and Herzegovina (TI BiH) strongly condemns the attack on Almir Terzic, Oslobodjenje journalist and an active...

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SNSD – new encounter with the opponents

Sarajevo, September 18, 2010. – Transparency International Bosnia and Herzegovina (TI BiH) strongly condemns the attack on Almir Terzic, Oslobodjenje journalist and an active member of the TI BiH, by SNSD representative.

Following a series of articles published in daily newspapers Oslobodjenje, Zeljko Kuzmanovic, member oft he House of Representatives of the Parliamentary Assembly, and a representative of Savez nezavisnih socijal demokrata (SNSD) and the candidate at upcoming elections, verbally attacked Almir Terzic on September 16th. Kuzmanovic told Terzic that “if he publishes another article with negative connotations about him by October 3rd, he will cometo his desk office and slap him, even if he goes in prison for doing that”.

This is just another one of the attempts to suppress criticism of authorities, especially before the upcoming elections, and at the same time, it is an attempt to secure obedience of the media during the election campaign, a practice which contradicts all the principles of fair and democratic elections. This type of behavior, coming from the representative of parliament, is not only violation of basic human rights of the journalists, but also shows unbelievable lack of political culture in BiH.

TI BiH appeals to authorized institutions to react on such attacks to journalists, and to penalize this continuous pressure on the media. Media has its main significance in monitoring the work of the authorities, and since the basic human rights are violated, office holders are proving once again that BiH still cannot be considered as a democratic society.

Stranka za BiH and SNSD spent the most on their campaigns so far

Banja Luka, September 14, 2010 – Transparency International Bosnia and Herzegovina has been carrying out themonitoringand analysis of the first week of election campaign for...

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Stranka za BiH and SNSD spent the most on their campaigns so far

Banja Luka, September 14, 2010 – Transparency International Bosnia and Herzegovina has been carrying out themonitoringand analysis of the first week of election campaign for 10 selected political parties, considering their advertising in print and electronic media.

Monitoring results indicate that StrankazaBiH and Saveznezavisnihsocijaldemokrata (SNSD) captured by far the most media space during the first days of campaign, and accordingly spent most funds. Especially interesting is the fact that these two parties spent more funds in the first seven days of a campaign than all the other parties covered by the research combined.

Average cost of advertising space in print and electronic media for these parties in first days of the campaign was around 10.000 KM per day. It is important to mention that the research involved only the most prominent electronic and print media in BiH. Radio stations and outdoor advertising were not covered due to lack of resources and capacities, so these numbers represent only a small part offunds spent in total.

What is also indicative is the choice of media for parties’ advertising – not surprisingly, SNSD is advertised only on RTRS, Nezavisnenovine, GlasSrpske, Fokus and Press RS. With the exception of Press RS, SNSD is the only political party being advertised in mentioned media. As a candidate for president of RS, on behalf of SNSD, MiloradDodik is the only political candidate advertising in media for this position, while other candidates are not present at all.

When it comes to candidates for Presidency of BiH, the most money was spent on the promotion of FahrudinRadoncic, candidate of the SavezzaboljubuducnostBiH (SBB BIH).

It is obvious that there is a repetition of practice when political parties that are in power spend most funds on pre-electoral campaigns and have the most aggressive campaigns as well. Considering that these results refer to the very beginning of the campaign, it is expected that the amounts of money spent on advertising are going to be incomparably higher as the time goes by.

TI BiHis taking this opportunity to warn political parties once again to carry out their campaigns in more transparent way, and let citizens have the insight into resources spent, along with their source. TI BiH will continue informing the public about funds spent on campaigns and about the level of responsibility of political parties during the campaign.

TI BiH starts with monitoring of election campaign

Transparency International Bosnia and Herzegovina (TI BiH), along with the ofifcial beginning of the electoral campaign starts with its monitoring of the campaign. During the...

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TI BiH starts with monitoring of election campaign

Transparency International Bosnia and Herzegovina (TI BiH), along with the ofifcial beginning of the electoral campaign starts with its monitoring of the campaign. During the campaign period, with support of agency for monitoring and media analysis, TI BiH will monitor quantity and the type of advertisements for political parties in electronic and print media, as well as amount of funds parties spend on their campaigns.

Monitoring of election campaign will include the sample of ten political parties: Stranka demokratske akcije (SDA), Stranka za BiH, Stranka za bolju budućnost (SBB), Socijaldemokratska partija BiH (SDP), Hrvatska demokratska zajednica BiH (HDZ), Hrvatska demokratska zajednica 1990. (HDZ 1990), Savez nezavisnih socijaldemokrata (SNSD), Srpska demokratska stranka (SDP), Partija demokratskog progresa RS (PDP RS) and Demokratska partija (DP).

TI BiH will monitor and frequently inform the public about the amount of funds that were spent by these ten political parties during the election campaign, and at the very end, compare this data with official financial report that parties submit toCentral Election Commission.

During the campaign, TI BiH will also continue with its regular monitoring of all the election promotion irregularities and abuse by parties, in order to provide as many information as possible to the voters, so that they can hold parties accountable for their actions

TI BiHonce again appeals to political parties to be more accountable and transparent towards their voters and also to show willingness and competence for improvements in the area of political party financing.

Campaign financed by nobody?

Banja Luka, September 2, 2010— Transparency International Bosnia and Herzegovine (TI BiH) calls upon the Minister of Energy, Mining and Industry of Federation of BiH, Vahid...

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Campaign financed by nobody?

Banja Luka, September 2, 2010— Transparency International Bosnia and Herzegovine (TI BiH) calls upon the Minister of Energy, Mining and Industry of Federation of BiH, Vahid Heco, to reveal a mystery about financing ofcampaign “Nijekasnozaboljiživot” (“Not late for better life”), that was made in cooperation between ElektroprivredaBiH and ministry headed by Mr. Heco.

TI BiHhas already warned the public that this campaign was used for a promotion of political party StrankazaBiH, and that ElektroprivredaBiH claims that this company neither took part in this campaign, nor financed it. The Ministry did not even answer to inquiry of TI BiHabout who financed and carried out the campaign. At the same time, Prime Minister of Federation of BiH, Mustafa Mujezinović, claims that the Government did not approve or finance this campaign, while mr.Hećo in his reaction to TI BiHpress release expressed pride about the fact that campaign is being connected to StrankazaBiH’ successes, and on the other hand, he also claims that “not a single convertible mark was spent out of federal budget for the campaign promoting energy projects”.

Considering this contradictory statements and the fact that, again, it was not explained what was the source of financing for the campaign, TI BiH considers that Mr.Hećo owes explanation to citizens about

  • who is responsible for financing the Elektroprivreda campaign,
  • what was the amount of fundsspent for the campaign,
  • which agency, and in which way it was chosen to create and carry out the campaign.

Also, TI BiH calls upon Mr. Hećo to give the explanation of why the Ministry of Energy, Mining and Industry has not answered to this organization’s inquiry in a legal timeframee and therefore broke the Law on freedom of access to information.

As previously announced, even though it was deprived of information,TI BiHwill use all the legal remedies to get insight into contract on implementation of the campaign, in the attempt to inform citizens completely about the way their money is being spent.

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