The Draft Law on Combating Corruption, Organized and Most Serious Forms of Economic Crime still enables political persecution

Incrimination of political criminal offenses is a characteristic of the totalitarian regimes and as such, it is in direct contradiction to the constitutional system and the European Convention on Human Rights

Banja Luka, 5th February 2016 — Transparency International BiH (TI BiH) strongly condemns the Draft Law on Combating Corruption, Organized and Most Serious Forms of Economic Crime in the part in which it prescribes so-called political criminal offenses, which can hardly be related to corruption, organized or economic crimes. According to the new draft law there shall be a Special Department responsible for the criminal offenses such as incitement to national, racial and religious hatred and intolerance, or for bringing the Republic of Srpska in the position of subjugation or dependence, which will unnecessarily burden the fight against corruption and the most serious forms of the organized criminal. Incrimination of political criminal offenses is a characteristic of the totalitarian regimes and as such, it is in direct contradiction to the constitutional system and the European Convention on Human Rights
It is not clear why a lot of crimes against the economy and the payment system (such as: the abuses in the public procurements, unconscionable business activities, the abuse of false bankruptcy, creation of monopolistic position in the market) was not included in the draft, particularly since the title of the Law emphasizes that it refers to the most serious forms of the economic crime. The Law offers individual listing of crimes against the constitutional system, but it does not include the incrimination that might contribute to fighting corruption if exposed to special processing.
TI BiH considers it extremely important that the new draft law referring to the prevention of corruption, does not violate human rights and freedoms on the basis of the ungrounded powers of the prosecutors, as it was proposed in the first version. The proponent decided to make alterations after the public discussion, during which TI BiH insisted on explaining that these were the unconstitutional powers opposite to the principles of criminal procedures. This example only shows how important public discussions are, as well as the active participation of all interested parties in the legislative process.
TI BiH also points out that the Draft Law on Combating Corruption, Organized and Most Serious Forms of Economic Crime once again has not properly resolved the issue of jurisdiction of the Special Department of the Republic Prosecutor’s Office (Special Prosecutor’s Office of the Republic of Srpska). This is also indicated by the remarks of the Presidents of the District Court of Banja Luka and the District Prosecutor’s Office in Banja Luka, who emphasized that „the number of criminal offenses should be reduced and the focus must be put on the organized criminal, corruption and the most serious forms of the economic crime“.
TI BiH invites members of the Parliament and parliamentary committees in the National Assembly of the Republic of Srpska to alter the proposed law through amendments, incorporating a series of crimes against the economy, payment system and property, in order to make the proposed solution justify its meaning, and to propose deletion of political criminal offenses, which cannot be mixed with fight against corruption and organized criminal, since such approach leaves doubts about the intention of conducting political persecution under the guise of the fight against corruption.

Press rls – 5 2 2016 eng